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Home My WebLink AboutOctober 02, 2001 TENTATWE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 2, 2001' LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p._ 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business — (All items noted by an * are anticipated to be routine_ After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those `items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 61 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person /subject. Longer, presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) 71 Approval of Minutes: August 9, 2001 *g] Approval of Bills in the Amount of $226,912.94 plus $65,744.30 for refunds, returns and pass through for a total of $292,687.24 9] Public Hearings: None - 10] Communications: None 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority Meeting 13] Re- convene 14] Recommendations from Boards and Commissions: *A] Rezoning Request from High Five Erectors from Major Recreation/Planned Unit Development -PUD) to Light Industry (I -1) — Ord. No. 612 B] Text Amendment to Revise the Sign Ordinance — Ord. No. 613 October 001 151 General Business ED 17] 18] A] Police and Fire *1. Civil Defense Siren Purchase *2. Declaring Surplus Property 3. Architect Contract — PoIice Building B] Parks and Recreation C] Communitv Development *I. Final Plat of Orchard Park West 6` Addition — Res. No. 5585 D] Public Works and En ineerinst 1. Sarazin Street and Valley View Road Improvements, Project No. 2001 -5 2. Parking Restrictions During Snow Removal Periods — Ord. No. 614 3. CR 17 and CR 79 Pedestrian Bridge Concept Design Presentation 4. Traffic Study on CSAH 17 by Scott County *5. Ordering a Feasibility Study for River District Sewer Reconstruction — Res. 5588 E] Personnel * I. Accept Resignation of Joel Rutherford, Assistant City Engineer ,4-2. Approve Job Description for MIS Coordinator Position *3. Authorize Advertising for Recreation Supervisor Position 4. Personnel Handbook Revisions — Res. No. 5583 *5. Approve Status Change for Receptionist *6. Authorize Hiring Two Police Officers F] General Administration 1. 2001 -2002 Economic Development Strategic Plan — Res. No. 5590 *2. Appointment of Election Judges — Res. No. 5584 *3. Pawnshop/Pawnbroker License — PAWNXCHANGE, LLC *4. 2001 Budget Amendment — Res. No. 5587 *5. Premises Permit (Pull -tabs) — Eagles Aerie 4120 — Res. No. 5589 *6. Termination of Masterpiece Commercial Cleaning Service Council Concerns Other Business Adjourn to Tuesday, October 16, 2001 at 7:00 p.m. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 2, 2001 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business - (All items noted by an are anticipated to be routine. After a discussion by the President, there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) 4 Approval of Minutes: `7_ 4. Financial A.) 4 Approval of Bills 5. Small Cities Development Program A.) Activity Update from Carver County HRA B.) Expansion of Commercial Target Area 6. Economic Development Strategic Plan A.) Resolution No 01 — 5, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan B.) Recommendation to City Council to adopt 2001 / 2002 Economic Development Strategic Plan 7. Other Business: 8. Adj ourn edagenda.doe li I REGULAR SESSION August 7, 2001 Members Present: President Morke, Sweeney, Link, Brekke, Amundson Members Absent: None Staff Present: Mark McNeill, City Administrator, Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; Tim Thomson, City Attorney, and Paul Snook, Economic Development Coordinator. L Roll Call: President Morke called the meeting to order at 7:10 p.m. Roll call was taken as noted above. Approval of the Agenda: Amundson/Link approved the agenda as presented. Motion carried unanimously. Consent Agenda: Sweeney /Amundson moved to approve the,Consent Agenda as presented. Motion carried unanimously. A.) Approval of Minutes for June 5, 2001. Sweeney /Amundson moved to approve the July 5 2001 meeting minutes. (Motion carried unanimously under the Consent Agenda.) Financial: A.) Approval of BiUs Sweeney /Amundson moved to approve the bills in the amount of $19.70. (Motion carried under the Consent Agenda.) V. Small Cities Developm A.) Activity update from Carver County E[RA. Official Proceedings of the Economic Development Authority August 7, 2001 Page —2- Brekke/Amundson moved to direct staff to investigate the possibility of expanding the commercial area of the Small Cities Development grant. Motion carried unanimously. VL Other Business: There was no other business. Z, VIEL Adiourn• Amundson/Link moved to adjourn the meeting. The meeting adjourned at 7:24 p.m. Motion carried unanimously. ith S. Cox EDA Secretary Carole Hedlund Recording Secretary CITY OF SHAKOPEE ' Co 1l� 3�OJ T Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: September 27, 2001 Introduction Below is a listing of bills for the EDA for the period 08/31/01 - 10/01/01. Action Requested Move to approve bills in the amount of $425.00 for the EDA General Fund. Check Check Date Number 10/01/01 70689 10/01/01 70744 Inter. Economic Develop Dues $ 325.00 Chamber of Commerce Dues $ 100.00 Total $ 425.00 Annual Current Month YTD - Exp. Avail. Description Budget Actual Balance Balance % % 02190 EDA 19 EDA 234,520.00 24.93 130,082.36 104,437.64 55.5 44.5 02190 EDA 234,520.00 24.93 130,082.36 104,437.64 55.5 44.5 Vendor Description Amount 5.� CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator Is SUBJECT: Small Cities Development Program (SCDP) - update MEETING DATE: October 2, 2001 Enclosed is the September 2001 update on the Small Cities Development Program (SCDP) from the Carver County HRA. In summary, the HRA reports the following SCDP funding activity: Amount % of Funds Amount Committed/ Committed/ Funded Allocated Allocated Single Family Residential (goal: 30 units) $369,000 $182,330 49% Rental Residential (goal. 30 units) $121,500 $82,500 68% Commercial $251,250 $11,215 4.5% (goal: 15 units) TOTAL $741,750 $276,045 37% Note: The numbers in parentheses next to the property types listed above indicate the "rehabbed property unit goals" by property type for Shakopee's SCDP program, set by the Minnesota Department of Trade and Economic Development. Small Cities Shakopee Rehab Program Calls have been trickling in regarding interest in the program. However, most of the inquires have been from persons out of the target area. Once the new, map which includes the new target area, has been completed by city staff, the HRA will be mailing these new brochures in every property owner in the new (as well as the current) target area. Leona Humphrey, a representative with the Department of Trade and Economic Development (the funders for this program) was out to monitor the program this summer. The HRA will be coordinating with city staff to submit follow -up information requested by Ms. Humphrey after her monitoring visit. Single - Family Rehabilitation Project Recap on the program To be eligible for the program, the applicant's income must be below 80% of the area median income. The homeowner will be eligible for a 50 to 100% grant depending upon their income. The homeowner would need to provide leverage ranging from 0 to 50 %. The HRA has low - interest loans the homeowner could apply for to use as their leverage requirement. However, if they are not eligible for a leverage source due to poor credit, too many debts, no equity, etc., the leverage requirement will be waived and they will receive a 100% Small Cities grant. The grant is a 0% interest, 10 -year deferred loan. If the homeowner stays in the home for 10 years, they will not have to pay the loan back. The loan is forgiven on a pro -rated basis of 10% per year. For example, if the homeowner moves out 3 years later they would be responsible for paying back to the City 70% of what they borrowed. After their application has been approved, Dave Schaffer, the HRA's Rehab Advisor, will schedule an appointment to inspect the home to determine what improvements can be done. Dave will draw up a work write -up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the homeowner will schedule a time to close on the loan with the HRA. The HRA will make the payments to the contractor(s) after the work has been inspected by Dave Schaffer. The HRA will then submit a draw request to the City (to submit to DIED) for reimbursement. Single-Family Rehab Summary 13 applicants have closed on their loans and work is under way. 8 of those applicants have had all of their work completed. Furthermore, one applicant has scheduled their loan closing for next week. Two additional applicants are in the process of obtaining bids. Furthermore, 3 applicants are no longer eligible for the program since they did not obtain bids within the specified timeframe. We have granted these 3 homeowners bid deadline extensions, from the normal deadline of 60 days to one full year.. Since they were unable to secure bids within that extended time, the funds committed to those projects are now available to other property owners. Amount Funded $369,000.00 Amount Committed $163,329.60 (closed on their loans) Amount Allocated $19,000.00 (have been approved) Balance Remaining $186,670.40 Applicants that have closed HRA Loan Number: NO NEW APPLICANTS TO REPORT Household Composition: Loan Amount: Gross Income: Improvements: Market Value of the Property: Rental Rehabilitation Project Recap on the program Any rental owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. 51% of their rental units need to be leased by tenants at or below 80% of Metro Area Median Income, and the rents for all of the units would need to be at or below the Fair Market Rents. If the property is in the targeted area, and both the tenant's income and rent are within the allowable limits a property owner would be eligible for a deferred loan up to $10,000 per unit. A maximum loan amount is currently under advisement with city staff. The owner is required to match these dollars with a 50% match. This is a secured loan, which will be forgiven after seven years. Compliance of rent restriction and tenant characteristics is in force for the full seven years. The loan is forgiven on a pro -rated basis of 14.28% per year. After their application has been approved, Bill Schwanke, the HRA's Rehab Advisor, will schedule an appointment to inspect the rental property to determine what improvements should be incorporated into the scope of work. Bill will draw up a work write -up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the property owner will schedule a time to close on the loan with the HRA. The HRA will make the necessary payments to the contractor(s), after Bill Schwanke has inspected the work. The HRA will then submit a draw request to the City (to submit to DTED) for reimbursement Rental Rehab Summary Carver County HRA has had 1 new inquiry regarding the Small Cities Rental Loan Program; 7 rental property owners completed their applications. Three of the original seven applicants have dropped from the program. The remaining 4 active applicants represent 11 rental units. One of our rental applicants is in the process of obtaining an additional bid for exterior improvements. The last rental applicant is waiting for historical clearance. Amount Funded $121,500.00 Amount Committed $ 67,500.00 (closed on their loans) Amount Allocated $ 15,000.00 (have been pre- approved) Balance Remaining $ 39,000.00 App11 cants that have closed HRA Loan Number: NO NEW APPLICANTS TO REPORT Loan Amount: Number of Rental Units: Monthly Rent: Improvements: Market Value of the Property: Commercial Rehabilitation Project Any commercial property owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. Note: this boundary is the small area located in the core downtown area of the bigger Small Cities targeted area. Priority is given to owner occupied structures or where leases are currently in place. Building improvements must be directed toward correcting defects or deficiencies in the property affecting the aesthetics or the property safety, energy consumption, structural/mechanical systems, habitability or handicapped accessibility of the property. Owners are eligible for 50% of the total commercial repair costs, with a maximum loan up to $25,000. The loan is a deferred loan for seven years; which is pro- rated in case of sale. Commercial Rehab Summary 3 applicants have closed on their commercial loans and work in underway or completed. Another applicant is tying up lose ends with paperwork from their contractor and should be closing shortly. Furthermore, another applicant is waiting for bids and then will be ready to close. We have recently received two additional applications that are currently being processed. Amount Funded $251,250.00 Amount Committed $11,215.49 (closed on their loans) Amount Allocated $0.00 (have been approved) Balance Remaining $240,034.51 Appl i cants that have closed HRA Loan Number: Loan Amount: Gross Income: Improvements: NO NEWAPPLICANTS TO REPORT Market Value of the Property: CITY OF SHAKOPEE Memorandum TO: Economic Development Authority Economic Development Advisory Committee FROM: Paul Snook, Economic Development Coordinator SUBJECT: Small Cities Development Program; Expansion of Commercial Target Area MEETING DATE: October 2, 2001 Introduction & Background The EDA recently asked staff to inquire to the Minnesota Department of Trade & Economic Development about expanding the commercial target area of the Shakopee Small Cities Development Program. As you recall, at the August meeting, the EDA passed a resolution requesting that the Department of Trade & Economic Development (DTED) allow an extension of the time limit of the Shakopee SCDP grant, and expansion of the residential target area. The time extension request has been approved, and the request for expansion of the residential target area is under review by DTED. Staff contacted Shakopee's representative at DTED, Leona Humphrey, regarding the request to expand the commercial target area. Ms Humphrey advised that: • Since the Shakopee SCDP grant end date was recently extended for one year, to September 30, 2002, the City should wait until sometime into 2002 to make the request. This will allow further effort to encourage participation of property owners in the current target area, and will provide sufficient time during the grant extension period for commercial property owners to access the program. • Additional marketing be done for the commercial segment of the program (City and HRA staff are receiving more inquiries as a result of increased marketing). In addition, some commercial property owners have had the understanding that fagade improvements on buildings in standard condition do not qualify. Ms. Humphrey confirmed otherwise, that fagade improvements are an eligible improvement on buildings in standard condition as long as any code violations (if there are any) are also addressed. If there are no code violations, fagade restoration is an eligible improvement along with other improvements such as energy efficiency, ADA improvements, or generally making the building less "obsolescent". This clarified information should result in greater use of the program by commercial property owners. Action Requested No action requested at this time. comdareaexpanmo.doc CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Economic Development Advisory Committee Paul Snook, Economic Development Coordinato SUBJECT: Resolution No. 01 - 5, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan MEETING DATE: October 2, 2001 Introduction & Background Per recommendation by the Economic Development Advisory Committee, the EDA is asked to adopt Resolution No. 01 - 5, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan. The EDA is also asked to recommend that the City Council adopt the Economic Development Strategic Plan. Earlier this year, the EDA directed staff to enter a "not to exceed" agreement with Quinlivan & Associates in the amount of $2,100 to provide facilitation services for economic development strategic planning. A strategic planning conference was held with Quinlivan & Associates as the facilitator. Approximately 40 economic development stakeholders attended the conference which was an information gathering session focused on economic development issues. Exhibit A is a report of the conference. The funds expended for consultant services did not go beyond the original "not to exceed" amount, and the EDAC sees no need for additional services from the consultant. The EDAC has refined the information gathered at the conference and has prioritized issues in developing an economic development strategic plan document. The result of this work is Exhibit B, the 2001 / 2002 City of Shakopee Economic Development Strategic Plan. The strategic plan outlines the following economic development issue areas: • Economic Development Vision • Revitalization / Redevelopment ® Historic / Heritage Preservation • Retention and Expansion of Existing Businesses • Available Industrial & Commercial Land ® New Business / Entrepreneurial Development ® Business Attraction / Recruitment ® Economic Development Financing • Community -Wide High -Speed Internet Access In addition to identifying the issue areas above, the strategic plan proposes goals, objectives and actions to address the issues. This strategic plan is a means by which to take a proactive approach to economic development challenges. Most importantly, the strategic plan provides direction for the economic development program, assisting the EDAC, EDA and City Council to identify what needs to be done to foster economic development Options: 1. Per recommendation by the Economic Development Advisory Committee, adopt Resolution No. 01 - 5, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan; and recommend that the City Council adopt the 2001 / 2002 Economic Development Strategic Plan. 2. Per recommendation by the Economic Development Advisory Committee, adopt Resolution No. 01 - 5, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan, contingent upon changes specified by the EDA; and recommend that the City Council adopt the 2001 / 2002 Economic Development Strategic Plan. 3. Table and request additional information from staff. EDAC Recommendation: Option 1. Action Requested: 1. Offer and pass a motion to accept the Economic Development Advisory Committee's recommendation to Adopt Resolution No. 01 - 5, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan. 2. Offer and pass a motion recommending that the City Council adopt the Economic Development Strategic Plan. • •. 1; •• I • •' It • . l•' 1 1 Ib' 11 WHEREAS, the Economic Development Authority created the Economic Development Advisory Committee to advise the Economic Development Authority and City Council on economic development matters, including issue identification, strategy development, and recommend actions to the Economic Development Authority and City Council for implementation; and WHEREAS, the Economic Development Authority and City Council desire to create and adopt an economic development strategic plan that identifies and prioritizes economic development issues and goals, and guides implementation of strategic actions; and WHEREAS, the Economic Development Advisory Committee and staff have created the 2001 / 2002 Economic Development Strategic Plan; and WHEREAS, the Economic Development Advisory Committee has recommended that the Economic Development Authority and City Council adopt the 2001 / 2002 Economic Development Strategic Plan. NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA, that the attached 2001 / 2002 Economic Development Strategic Plan is hereby adopted. Adopted in Session of the Economic Development Authority in and for the City of Shakopee, Minnesota, held this day of - 2001. President Economic Development Authority Attest: Executive Director Res01- 5.doc /02u To: EDAC and Staff EXHIBIT City of Shakopee From: Renae Shields Renae L. Shields & Associates, on behalf of Quinlivan & Associates Date: April 24, 2001 Re: Strategic Planning Report Introduction In September 2001 the City of Shakopee EDAC contacted Quinlivan & Associates, an economic and land use planning firm, to submit a proposal to facilitate a strategic planning process for the EDAC. Quinlivan & Associates submitted a proposal to the City of Shakopee EDAC specifically for the facilitation of a community information gathering meeting, as well as to present an extended proposal to facilitate a complete strategic planning process. The proposal for facilitating a community information gathering meeting was accepted and the meeting was held in Shakopee on April 19, 2001. This memorandum and attachments serve as the report from this portion of the strategic planning process. This report has been written as a confidential report to the City of Shakopee EDAC and should be shared with other stakeholders at their discretion. We would like to thank the community members, board members, and staff that participated in the meeting for the time and energy they dedicated to the process. Planning Background The City of Shakopee Economic Development Advisory Committee Member Position Statement Description states: "The EDAC's primary responsibility is to advise the EDA on economic development issues: provide concentrated and dedicated work in economic development issue identification, strategy development, and recommend actions to the EDA and City Council for implementation. " To date, the EDAC has held a series of meetings and has developed a mission statement as follows: "The Mission of the Shakopee Economic Development Authority is to enhance the economy of Shakopee by broadening the city's job base and increasing its revenue base through the retention, expansion, creation, and attraction of quality jobs and businesses, and through redevelopment activity. " Strategic Planning is a management tool that should be used for one purpose only — to help an organization do a better job. When the process is accomplished in a meaningful way, it should help the Shakopee EDA to: focus its energy, ensure that members of the organization are all working toward the same goals, assess and adjust its direction in response to a changing environment, and focus on the future. The ultimate result of strategic planning should be the development of a strategic plan, which is basically a set of decisions about what to do, why to do it, and how to do it. A well - designed plan will provide the following results: • A clearly defined direction that guides and supports the leadership and governance of the EDA • A uniform vision and purpose that is shared among all stakeholders • An increased level of commitment to the Shakopee EDA and its goals • The ability to set priorities and match financial and human capital to those priorities. Although there are many models of strategic planning, there are basically three steps in the strategic planning process: Step One: Information Gathering Step Two: The board (committee) sets goals and develops an approach to achieving the goals Step Three: The staff and volunteers work to fulfill the goals. Quinlivan & Associates were contracted to perform step one of the strategic planning process (information gathering)—to facilitate the community meeting and prepare a written report to the EDAC. The results from the meeting follow: Report and Findings from the Strategic Planning Process The goal for the community meeting held April 19, 2001 was to gather information from everyone present so that people who have a stake in the organization can participate in the planning process. Meeting participants were not asked to come to a consensus; instead they were informed that the EDAC wanted to make sure that interested and knowledgeable individuals have a chance to be heard. In this way, the EDAC can plan in the best way and the EDA and City of Shakopee can implement actions in the best way. The EDAC will take information gathered at this meeting along with critical information from other stakeholders or individuals with specific expertise on the issues the City faces, and consider all of this information as they plan the next steps of the organization. Following is the agenda the information gathering meeting followed: 1. Welcome/Introduction 2. Overview of Planning Process 3. Overhead Presentation – Economic Development Issues in Shakopee 4. Small Group Discussions a. What are the top five economic development issues – present or future for Shakopee? b. What are Shakopee's assets? What conditions currently exist in the city or larger environment that could foster the economic growth or stability of the City of Shakopee (strengths /opportunities)? c. What are the constraints for growth in Shakopee? What conditions currently exist in the city or larger environment that could inhibit the economic growth or stability of the City of Shakopee (weaknesses /threats /concerns)? 5. Reporting of Issues to Large Group 6. Priorities Discussion 7. Meeting Wrap -Up After an overhead presentation addressing economic development issues facing the City of Shakopee, meeting participants identified several issues they felt critical to the planning process of the EDAC. These issues are listed below in order of the priority defined by attending participants. Note: participants did not prioritize responses to questions B and C – Shakopee's assets and constraints to growth. A. What are the top five economic development issues – present or future for Shakopee? 1. Lack of agreed -upon and shared vision of who we can be from elected officials or people in leadership positions. e Primarily a need for a unified vision e New and growing population e Difficulty in dealing with changes – culture of city Growth management and planning needs to be ahead of growth 2. Housing Availability • Lack of housing in general – affordable housing in specific • Expense of housing – difficult for employees to find housing • Need for more diversification of housing at all levels 3. Lack of Available Industrial/Commercial Land ® Ownership issues e What are our options? Commercial and industrial tax base on par with housing tax base • What type of industry? • "Artificial" problems created from the Met Council. 4. Preservation of Downtown as Cultural Center of Community • Essential to "essence" of Shakopee • Expanding use of river as a resource 5. Low Cost Transportation for People Holding Entry-level Jobs • Lack of east/west movement of roads • Inability of having a good system to get employees across the river (from inner city) 6. Pool of Available Employees • Middle to low -end employees is where there is the greatest need. 7. Need for a Better Understanding of Demographics as They Relate to Economic Development Issues • Need for a better understanding with regard to the entire concept and how it relates to economic development issues — jobs, income, housing, etc. • An example — the community is building town homes. Do we know who is purchasing them? • Who is moving here? • Where do people live? • Where do people work? 8. Communications Infrastructure • Insufficient and essential (i.e. Qwest station not updated) • Utilities in general are an issue • Lack of water • Cost • Control of public utilities • Franchise fees (if imposed would negatively affect high capacity industry attraction and ability to be competitive) • More cooperation is needed between City and Shakopee PUC • Simplification • More efficient process 9. Taxes • Highest property tax area in the metro area — how does this affect us? B. What are Shakopee's assets? What conditions currently exist in the city or larger environment that could foster the economic growth or stability of the City of Shakopee (strengths /opportunities)? 1. Influx of population and diversity of growth 2. Quality of life — laid back/slowed down, but access to recreation, entertainment, retail — we have the whole package 3. Valley Green Industrial Park 4. Tourism 5. Diversity of employers 6. River and old core downtown 7. Hospital 8. River separates Shakopee from rest of metro area — unique 9. Land is available 10. Transportation infrastructure — access — new bridge, 169, etc. 11. Potential for better school system 12. Expanding large retailers adding to community livability 13. Business diversity 14. Great entertainment environment in our community 15. Council member Bob Sweeney C. What are the constraints for growth in Shakopee? What conditions currently exist in the city or larger environment that could inhibit the economic growth or stability of the City of Shakopee (weaknesses /threats /concerns)? 1. Political intangibles /vision 2. Improved demographic data for capital investment (projected growth) 3. Less costly broad -band internet access 4. Lack of aggressive economic development incentives 5. Lack of plan for redevelopment of downtown and First Avenue corridor 6. Planning needs to be ahead of growth 7. Transportation and cost of transportation infrastructure (lack of east/west) 8. Lack of affordable housing 9. Land development issues — i.e. expansion, Met Council, etc. 10. Diversity issues — i.e. diversity of citizens, workers, students and how that all affects the City 11. Community ethic — capacity to change 12. Impact of growth on schools and child care requirements 13. MUSA land development issue 14. Arts community in crisis at present — has a lot to do with future growth of community 15. 800+ acres owned by Mystic Lake Casino — need to run facilities through that property to develop the side of the City southward — how does that affect growth? Recommendations / Next Steps 1. Restate the mission of the City of Shakopee EDAC. 2. Build a vision of success for the City of Shakopee EDAC/EDA. 3. Review the critical issues defined at the information gathering meeting. 4. Gather additional information from stakeholders and specialists not present at the community meeting. 5. Develop Goals and Strategies to address the critical issues the organization faces that will help the organization accomplish its mission and vision. 6. Develop an annual operating plan. 7. Develop staff work plan(s). 8. Address structural, board/staff development, and communication issues in your plan. 9. Celebrate Success! Respectfully submitted, April 24, 2001 Renae Shields 4 �►.. 2001/ 2002 Economic Development Strategic Plan ECONOMIC DEVELOPMENT STRATEGIC PLAN 2001/2002 City of Shakopee Economic Development Authority Economic Development Advisory Committee The mission of the Shakopee Economic Development Authority is to enhance the quality of life in Shakopee by expanding and strengthening the local economy; broadening the city's job base and increasing it's revenue base through facilitating the retention, expansion, creation and attraction of quality jobs and businesses, and through appropriate redevelopment activity. 1. Economic Development Vision The City of Shakopee does not have an updated, consensus vision for development of the community, of which economic development is a part. GOAL: Shakopee will have a comprehensive plan, special area studies, and economic development strategic plan that will direct overall development of the City and help guide economic development decisions and activities. OBJECTIVE: To develop a comprehensive plan and special area studies that identify how and where the community is going to develop in the near and long term future; and develop an in- depth, annual strategic plan for economic development that identifies and prioritizes economic development issues, and develops goals, objectives and strategic actions for addressing the issues. STRATEGIC ACTIONS: 1.1 - The EDAC and EDA will participate in developing the comprehensive plan and special area studies, facilitated by Northwest Associated Consultants 1.2 - Formulate economic development goals and objectives 1.3 - Develop strategic actions for economic development 1.4 - Implement the strategic plan 1.5 - Annually review, evaluate and update the strategic plan 2. Revitalization /Redevelopment The City of Shakopee needs an ongoing plan and actions for the revitalization and redevelopment of older commercial areas of Shakopee (Downtown, lst Avenue Corridor, Riverfront), inclusive of a plan for historic preservation. GOAL: Our community will have a plan that will direct revitalization and redevelopment of the older commercial areas of Shakopee (Downtown, 1" Avenue Corridor, Riverfront), inclusive of a plan for historic preservation. OBJECTIVE: To develop special area studies that identify how and where the community is going to redevelop in the near and long term future. To evaluate property in the older commercial areas on an annual basis, noting the disposition of sites relative to condition for redevelopment i.e. blight condition; inappropriate land use; underutilized land; etc. while maintaining sensitivity to historic resources. To develop and maintain an inventory of potential redevelopment sites and take actions to facilitate redevelopment of the sites by the private sector. STRATEGIC ACTIONS: 2.1 - The EDAC and EDA will participate in developing the special area studies facilitated by Northwest Associated Consultants. 2.2 - Identify areas of blight, underutilized land, and inappropriate land use. 2.3 - Pursue opportunities to assemble property along the Downtown / First Avenue / Riverfront corridor and prepare for redevelopment. 2.4 - Working with local financial institutions, continue the Fagade Loan Program and Downtown Design Guidelines to encourage restoration of downtown's historic core. Works with banks to make FLP interest rate more of an incentive. 2.5 - Continue implementing Small Cities Development Program 2.6 - Conduct a market analysis for the Downtown / 1 St Avenue corridor. Update regularly. 2.7 - Work with Vision Shakopee to create a "Downtown Recruitment Team" that would recruit retailers and other commercial enterprises to locate in the downtown/ 1 St Avenue corridor. 3. Historic Preservation Historic preservation has often been portrayed as the alternative to economic development — "either we have historic preservation OR we have economic growth." This is a false choice. Increasingly around the country historic preservation is becoming a uniquely effective tool for economic development. Historic preservation has moved from being an end it itself (save old buildings in order to save old buildings) to being a vehicle of broader ends — center city revitalization, job creation, small business incubation, housing, tourism, and others. • Downtown is a symbol of community economic health, local quality of life, pride, and community history. These are all factors in industrial, commercial and professional recruitment. • A vital downtown retains and creates jobs, which also means a stronger tax base. Long -term revitalization establishes capable businesses that use public services and provide tax revenues for the community. • Downtown is also a good incubator for new small businesses -- the building blocks of a healthy economy. Strip centers and malls are often too expensive for new entrepreneurs. • A vital downtown area reduces sprawl by concentrating retail and services in one area and uses community resources wisely, such as infrastructure, tax dollars and land. • A healthy downtown core protects property values in surrounding residential neighborhoods. • The traditional commercial district is an ideal location for independent businesses, which in turn: • Keep profits in town. Chain businesses send profits out of town. • Supports local families with family -owned businesses • Supports local community projects, such as ball teams and schools • Provide an extremely stable economic foundation, as opposed to a few large businesses and chains with no ties to stay in the community • A revitalized downtown increases the community's options for goods and services: whether for basic staples, like clothing, food and professional services or less traditional functions such as housing and entertainment. • Downtown provides an important civic forum, where members of the community can congregate. Parades, special events and celebrations held there reinforce intangible sense of community. Private developments like malls can and do restrict free speech and access. 4 The Downtown district is a tourist attraction by virtue of the character of buildings, location, selection of unique businesses, and events held there. GOAL: Shakopee will have an overall plan for historic preservation, of which the original / historic commercial area (downtown) is a part. The historic preservation plan will be complementary to the redevelopment plan. Preserving and revitalizing Downtown Shakopee is an important and worthwhile investment in the economic health and quality of life in our community. OBJECTIVE: To develop a plan for historic preservation of the entire community, inclusive of the downtown historic business district, that is reviewed, evaluated and updated annually. The historic preservation plan will be complementary to the redevelopment plan. STRATEGIC ACTIONS: 3.1 - Continue use of Downtown Design Guidelines; update as needed 3.2- Develop and adopt a Heritage Preservation Ordinance 3.3- Create a Heritage Preservation Commission (part of the ordinance) 3.4- Work with the Minnesota Historical Society, State Historic Preservation Office (SHPO) to attain Certified Local Government (CLG) status. CLG status qualifies a local government for state historic preservation grants and technical assistance (In order to become a CLG, a city must adopt a heritage preservation ordinance and create a heritage preservation commission). 3.5 - Conduct a survey of historic resources (finance survey with CLG grant funds) 4. Retention and Expansion of Existing Businesses A business retention and expansion program provides a structured means for a community to assess its business climate and helps to develop programs and policies to promote economic growth. The program promotes job retention and growth by identifying the concerns and barriers to growth facing local existing businesses. Studies show that existing firms create 40 to 80 percent of all new jobs. It is easier to attract new business if it can be demonstrated that existing companies are successful and expanding. Local company owners and representatives become "ambassadors" to prospective new firms. A formal business retention and expansion program is essential to maintaining and growing the existing business /economic base. GOAL: Shakopee will have a formal business retention and expansion (BRE) program to maintain and grow the existing business /economic base. OBJECTIVE: Identify options for an effective business retention and expansion program and initiate program. BRE visits done on an annual basis. STRATEGIC ACTIONS: 5.1 - Consider U of M Extension BRE Program 5.2 - Develop formal existing business survey 5.3 - Develop regular call program as part of BRE strategy 5.4 - Work with Chamber of Commerce on retention initiatives (industry appreciation / recognition; facilitating business training seminars; networking; MN Manufacturer's Week etc.) 5.5 - Create Business Assistance Guide 5.6 - Improve access to technical assistance from community and four -year colleges in the area (on-the-job training, engineering technology, etc.) 5.7 - Co- sponsor business training with the Chamber of Commerce, SCEDC and other organizations. 5.8 - Work with Small Business Development Centers, MN Department of Trade & Economic Development, Service Corps of Retired Executives (SCORE) and other similar groups to make sure that local businesses are getting the maximum possible benefit from their services. 5. Available Industrial & Commercial Land Available commercial and industrial land with sufficient access and utilities is an essential element to economic development. Shakopee's current supply of available commercial and industrial land is in short supply. In order to keep growth of the commercial / industrial property tax base on par with growth of the residential property tax base, the City needs more commercial / industrial land for future development. GOAL: Shakopee will have an ample supply of land zoned for commercial, industrial and office development to keep the growth of the commercial / industrial tax base on pace with residential tax base. OBJECTIVE: Identify likely future parcels for industrial, commercial and office development and annex / zone accordingly. STRATEGIC ACTIONS: 4.1 - Create new comprehensive plan and special area studies, showing likely future parcels for industrial, commercial and office development 4.2 - Continue annexation discussions with Jackson Township; develop and adopt agreement. 6. New Business / Entrepreneurial Development A comprehensive economic development program needs a formal plan that fosters local entrepreneurial activity and start-up of new businesses. Entrepreneurship is central to the functioning of market economies. Entrepreneurs, people who start businesses and make businesses grow, are essential agents of change who accelerate the generation, application and spread of innovative ideas. In doing so, they are primary contributors and mobilizers of resources to develop the local economy. They provide employment to others and themselves, which in turn contributes to a healthy and viable community life. Fostering entrepreneurship requires that impediments to entrepreneurship be lessened and that the conditions be established in which innovation can flourish. Fostering entrepreneurship also involves creating and implementing programs that augment the supply of information, encourage networking, facilitate the provision of finance, and seek to create positive attitudes towards entrepreneurial activity. GOAL: Shakopee will have a program that fosters entrepreneurial activity and development of new businesses. OBJECTIVE: To develop a formal plan of action to encourage entrepreneurial activity and new business development. STRATEGIC ACTIONS: 6.1 - Improve communication and networking among entrepreneurs, government, financing sources, and others involved in new business development. 6.2 - Provide technical assistance, including market evaluation and business planning, to new businesses and those considering establishing a business (work with SBDC, SCORE) 6.3 - Assist new businesses and entrepreneurs to find financing 6.4 - Survey local businesses to find out what supplies, component parts, or services they now buy from outside the area but would prefer to buy locally. 6.5- Provide reasonably priced physical space and support services to new businesses. Work with other Scott County communities through Scott County ED Coalition to initiate an entrepreneurial / new business development program; through information provided by National Business Incubation Association, study feasibility of creating an (Scott County) area business incubator; pool resources with other communities to develop. 7. Business Attraction / Recruitment The primary goal of an attraction effort in an economic development program is to influence business site selection decisions through developing and implementing marketing techniques. This is vital to attracting new investment and employment from outside the area. More importantly, due to scarce resources, marketing efforts should be targeted to the types of industries and businesses for which Shakopee's assets are major location factors. In order to realize optimum investment by firms from outside the community, Shakopee needs a more proactive business attraction program. GOAL: Shakopee has a business attraction element within its economic development program that focuses marketing efforts on targeted industries / businesses that best fit the community, attracting commercial and industrial enterprises that contribute to the city's tax base and provide jobs appropriate for the community. OBJECTIVE: Develop, implement and manage a comprehensive and coordinated economic development marketing program, targeting industries / businesses that best fit Shakopee. STRATEGIES /ACTION STEPS 7.1 - Improve communication and networking among entrepreneurs, government, financing sources, and others involved in new business development. 7.2- Create a targeted marketing plan, inclusive of positioning the community to respond to the product and information needs of the potential investor (preparing); communicating the product's capabilities to targeted potential investors (prospecting); and facilitating the decision - making activities of those investors who have expressed an interest in the product (prospect handling). 7.3 - Identify specific industry sectors / business targets 7.4 - Implement marketing program 7.5 - Evaluate marketing program 8. Economic Development Financing A comprehensive economic development program includes a broad array of economic development finance tools /programs. As local economic development finance tools, Shakopee has used local property tax -based financing mechanisms such as tax increment financing and tax abatement. Also available are the financing programs through sources such as Small Business Administration, and various state (DTED) and federal programs (CDBG). Shakopee lacks local non - property tax based financing mechanisms for economic development such as a revolving loan fund. GOAL: Shakopee will have a variety of economic development financing tools for retention and expansion of existing businesses, new business development, and attraction / recruitment of businesses from outside the community, including a local revolving loan fund. OBJECTIVE: Develop a variety of financial incentives to leverage the expansion and attraction of targeted enterprises to strengthen and diversify the local economy, including creating a local revolving loan fund for economic development. STRATEGIES /ACTION STEPS 8.1 - Identify existing financing / programs 8.2 - Research various revolving loan funds from other economic development organizations 8.3 - Research utility -based economic development financing programs from other communities 8.4 - Review other community fagade / building improvement loan programs; meet with banks to make Fagade Loan Program more of an incentive (interest rate) M 9. Hi Speed Internet Access High -speed internet service in Shakopee is inaccessible in many areas. Since the service can be a real advantage to businesses, not having DSL is an economic development concern. GOAL: Shakopee has high -speed internet access throughout the community to be competitive for investment / business locations. OBJECTIVE: To bring high -speed internet access to Shakopee that is available community -wide STRATEGIES /ACTION STEPS 9.1 - Remain in contact with Qwest to monitor DSL rollout. 9.2 - Research alternatives to existing or proposed high -speed internet access (Roadrunner, Qwest, etc.) such as high -speed wireless DSL. 9.3 - Contact City of Roseville to inquire about their test of wireless data network. 9.4 - Contact City of Lakefield regarding their integration of ring fiber system and wireless internet. 10 ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 9,2001 Mayor Brekke called the meeting to order at 5:00 p.m. with Council Members Link, Amundson, orke (5:15), and Sweeney present. Also present: Mark McNeill, City Administrator, Bruce Loney, Public Works Director /City Engineer; Judith S. Cox, City Clerk; Tracy Coenen, Management Assistant; Mark Themig, Facilities and Recreation Director and Marilyn Remer, Payroll/Benefits Coordinator. Mr. McNeill, City Administrator, stated that the consultant for the compensation study would not be in attendance until approximately 5:30 p.m., therefore, the discussion of the Valley View Road improvement/Assessment project was initiated. Mr. Bruce Loney, Public Works Director /City Engineer, approached the podium to discuss the limited benefit appraisals and the work that has been done on the proposed Valley View Road Improvement project. Mr. Loney stated there had been a public hearing and quite a bit of discussion has been held on the benefit of the road project. Some of the properties were in MUSA and some properties were not. A survey was sent to the affected properties asking if these properties ever wanted sanitary sewer because the sewer would affect the limited benefit appraisals. Some surveys were received back by the City of Shakopee as of this date and some of the properties involved wanted to wait and respond to the survey until after they saw what the benefit was either way. Because the Council needed to discuss the limited benefit appraisals this information needed to be made public. Mayor Brekke stated that there would not be time for public testimony tonight but there would be opportunities for public testimony in front of the Council in the future. Patchin Messner Appraisals performed the benefit appraisals for the nine selected parcels along Valley View Road. Cncl. Sweeney asked Mr. Loney to explain what a limited benefit appraisal was versus a full- blown appraisal. Mr. Loney responded to this request. Mr. Loney showed on a map where the benefit appraisals were performed on properties that were affected by this Valley View Road Improvement project. Because of the amount of lots that could be created by the other properties fronting on Valley View Road, the City was convinced that benefit could be shown for extending the sewer and water. How much the sewer and water would benefit the parcels on the bluff line was the question. A series of drawings was done with Bolten and Menk to come up with a number of concepts of possible lots for development. The limited benefit appraisal was done with the improvement for bituminous street, curb and gutter, storm sewer and municipal water and sewer. In the O'Laughlin parcel according to the appraisal of Patchin Messner, there really was not enough space to subdivide the parcel. The Smith and Hennes' parcels are parcels that could be subdivided if given access to Valley View Road. These three properties of O'Laughlin, Smith and Hennes are already in MUSA but they were analyzed because of their similarity to the difficulty of benefit question raised at the public hearing. Some of the highlights of Mr. Loney's report are: According to the City's opinion and the Bolten and Menk analysis, the Huth property could be subdivided. The Burke and Fonder parcels which have a Official Proceedings of the August 9, 2001 Shakopee City Council Page —2- shared driveway are not developable along Valley View Road but elsewhere. The Schultz' parcel would not be benefited by Valley View Road, but could be developed with access to a road to the south. The Kahnke and Larsen properties could be subdivided. According to the limited benefit appraisals, if the property could be subdivided then the benefit of the assessments was withheld. If a property could not be subdivided, there was some loss of assessment. The loss of the assessments on the limited benefit appraisal was approximately $51,000. It was felt by the City that some of the septic systems and wells in this questioned area were probably getting to the end of their life expectancy. An analysis for the benefit for each lot was done just for bituminous curb and street and storm sewer. The result of this analysis was a benefit of approximately $10,000 per lot. With this scenario the benefit goes way down, the City would have to pick up approximately $600,000 in additional cost if sewer and water were not included. Some direction is needed from the Council. The City should move forward with these benefit appraisals and have a meeting with the affected property owners and after that meeting this issue should be brought back to a formal Council meeting. Mr. Loney stated that if a meeting was held with the affected parties then the City could get a better idea of what the affected property owners wanted to do. Cncl. Morke arrived and took his seat. Cncl. Sweeney stated the option did exist to run the sewer and water on the north side of Valley View Road in the right -of -way. This way the residents on the south side of Valley View Road would not have to pay the assessments now, but if they ever wanted the sewer and water in the future, it would be possible to connect. The stub -ins would not be put in for the present residents, because once the stub -ins are present the benefit is there. The residents would have to pay the entire amount of going across the road to get this connection to the sewer and water, but it could be done. The developer on the north side of Valley View Road will pay for the water and sewer if his development is the only benefited party. If this sewer and water is put on the south side where parcels will benefit, but it is not wanted, the general levied taxpayers will be asked to come up with the money to improve the properties on the south side of Valley View Road. Cncl. Link questioned the upgrading of Valley View Road without all the water and sewer being to the south side. He didn't want to have to keep digging Valley View Road up. Cncl. Sweeney wondered if the City Attorney could come up with a way of postponing the assessments to the residents south of Valley View Road until such time that these residents use the sewer and water, laterals and stub -ins could be extended under Valley View Road. This would be the most acceptable position on the Valley View Road improvements. Official Proceedings of the August 9, 2001 Shakopee City Council Page —3- Mr. Loney stated the real need of the project is to pave Valley View Road. The main cost of the Valley View Road improvement project is the paving of Valley View Road; the sewer and water improvements provides the most benefit. Mr. Loney will follow up with the City Attorney to see if there is a way to postpone assessments to the residents south of Valley View Road. It was felt that the land south of Valley View Road would develop soon because of its proximity to major highways. If it is decided to go ahead with the Valley View Road Improvements by having the general taxpayers levied for the assessments then Cncl. Sweeney stated he would like to see this question of the Valley View Road improvements be on a referendum. Mayor Brekke felt the limited benefit appraisals did give the City some good information to base decisions on regarding the residents affected on the Valley View Road Improvement. The assessments for sanitary sewer could be looked at to see if some adjustment could be made here. Other developments were discussed for possible water and sewer possibilities. There was discussion on how Valley View Road was to be used. Valley View Road would be a minor collector street. The City does have a letter of credit from the developers on the north side of Valley View Road for some of the assessments for Valley View Road but the City is at risk of losing this commitment because there are no pending assessments levied because a project has not been ordered and time is running out. Mr. Loney thought this letter of credit needed to be increased and updated. There are a number of issues regarding the Valley View Road improvements. Sweeney /Amundson moved to direct staff to consult with the City Attorney to determine if assessments could be suspended on the south side of Valley View Road for the six (6) affected property owners at this time. Motion carried unanimously. Sweeney /Amundson moved to direct the City Attorney and City Engineer to enter into discussions with the developers to increase and update the letters of credit on the assessments pertaining to Valley View Road. Motion carried unanimously. Sweeney /Amundson moved to direct staff to determine the policy under which the general taxpayers of the City of Shakopee can participate in the cost of roads thru the referendum process. Cncl. Amundson seconded for discussion and asked Cncl. Sweeney to explain his motion. Cncl. Sweeney explained that there would be this type road project in the future to come before the Council and a policy needed to be in place to handle the situation when it resurfaced. Mayor Brekke felt people would not see the greater good and he would reluctantly vote against this motion. Cncl. Morke agreed with Cncl. Sweeney because he felt if the City of Shakopee had road projects that were not petitioned the City would have problems getting assessments to stick. Cncl. Morke would support the motion. Cncl. Amundson felt this would be putting residents against residents. Official Proceedings of the August 9, 2001 Shakopee City Council Page —4- Mr. McNeill clarified the motion made by Cncl. Sweeney. Cncl. Sweeney explained the bonding process for roads. Motion carried 3 -2 with Cncl_ Amundson and Mayor Brekke dissenting. It was Council's general consensus that staff would get in contact and resurvey the property owners and then would report back their findings to the City Council. The cost of the limited benefit appraisal was approximately $11,500. Mr. McNeill opened the presentation of the Compensation Study for Non -Union employees that Riley, Dettmann & Kelsey proposed. This compensation study was an attempt to update the City's pay plan which was last updated in 1996. Mr. Kelsey presented a draft of the base pay plan for non- union employees. Mr. Kelsey was attempting to get the Council's perspective on the base pay plan for non -union employees. Mr. Kelsey wanted to know if the draft of the proposed base pay plan addressed the issues in the RFP, if the proposed pay plan repositioned the City's pay practices in a way which the City intended, and Mr. Kelsey wanted the Council to look at some cost implications relative to the proposed pay structure. Mr. Kelsey stated that the Department Heads were met with to start the study and then the Department Heads along with a group of employees acted as two advisory teams to Mr. Kelsey. A few jobs had changed enough that some additional information needed to be provided via questionnaires. The proposed number of pay grades fell from 18 to 13. It was felt that 13 pay grades was sufficient to cover the roster of the jobs. Market survey data was collected from 10 jurisdictions that were similar in makeup to the City of Shakopee. Mr. McNeill stated that he felt there was concern by the department heads that an accurate picture for the City of Shakopee was not forth coming from jurisdictions that were 25,000 in population and below. The City of Shakopee is going through development pressures and specialized positions are needed at this time in some positions. The group of Cities now being looked at, is probably more accurate with the City of Shakopee for comparison purposes. Mr. Kelsey stated that an internal evaluation along with the survey data is how Riley, Dettmann & Kelsey came up with the proposed pay structure for non -union positions. This proposed pay plan would present some implementation issues. Riley, Dettmann & Kelsey would perform pay equity testing until the pay roster has been finalized because the City needed to continue to stay in compliance with the pay equity act. Riley, Dettmann & Kelsey also felt there were some legal issues that needed to be looked at by legal people. Mr. Kelsey stated that he would be available for follow - up and would have employee meetings for employee input after the new pay structure had been put in practice. Mr. Kelsey went over the new proposed grade levels and pay maximums. Official Proceedings of the August 9, 2001 Shakopee City Council Page —5- Mr. Kelsey heard staff saying that staff would like to see Mr. Kelsey address the step program; this he did with a tiered plan. Mr. Kelsey will also address spot recognition and variable pay after the revised base pay plan is in place. Mr. Kelsey suggested a slight change in administrative practice regarding the pay at which an employee can be hired, i.e. somewhere other than at the starting step, but not at the top step. Before a pay structure is adopted, Mayor Brekke would like to see the before and after pictures of a position. A couple of positions were downgraded a step. Cncl. Sweeney was concerned about attaching personality to the steps. Mayor Brekke felt there needed to be strong justification as to why a classification was downgraded. Mr. Kelsey will follow -up with a letter on the reasoning for why a classification was downgraded. The engineering positions were discussed. Mr. Kelsey felt the engineering positions and engineering support positions were well positioned. There will be continued review of the Engineering Department because the structure of this department was looked at. Engineering Departments all over the Metro are experiencing engineering difficulties. The benefit issue (mainly medical) was discussed along with how benefits were structured and delivered. Working off a base line, Mr. Kelsey stated as of 12/31/01 the union and non -union personnel of the City of Shakopee base pay is approximately $3.9 million. Mr. Kelsey suggested that the Council approve an adjustment of 3.5% to all employees base pay effective 1/1/02 that are affected by this plan. This is an investment of approximately $77,000. The second step Mr. Kelsey suggested was placing employees at the closest step in the proposed pay plan to where their step is now when the 3.5% has been made. This would require an investment of approximately $59,000. The final step is to consider approving and additional step movement effective 7/1/02 for individuals who have long employment service with the City. This would require an additional investment of around $12,000. The total investment for this particular pay plan would be approximately $148,000. Mr. Kelsey suggested adjustment to the 2003 pay schedule by 2.9 to 3.5 percent to keep the City of Shakopee competitive. Mr. Kelsey suggested that the City move away from the anniversary date for step movement and give the step movement at the I' of each year. Mr. Kelsey also suggested granting the step movement mid year in 2003 to address some of his concerns. Mayor Brekke was concerned about the I' of the year being the anniversary date for every employee of the City. Mr. Kelsey stated that the management team needed to be real clear on criteria being used for employees because all employees needed to treated equally. There needs to be a common approach by the management team for spot recognition. Mr. Kelsey stated a process would be built into the pay program in which an employee can ask for a review as to where their job is placed in the overall system. The value of the job versus the value of the employee needs to be kept separate. The job description is very important and needs to be reviewed on a regular basis. There were some implementation issues that still needed to be discussed, according to Mr. Kelsey. Mr. Kelsey stated that he hoped that the pay plan system would be flexible enough in its administration that the hiring and selection and also the delivery stage so that some problems from the past can be avoided. It is expensive to loose employees. Shak opee • August • 2001 P age Mr. Loney thought if a job description was so important then someone with job description training should help the department heads write the job descriptions so there is consistency. Mayor Brekke stated that tonight a very comprehensive review of the pay plan was presented and discussed. Cncl. Sweeney showed the project style of pump house #12 that was select by the Shakopee Public Utilities Commission unanimously out of 5 possible choices. This pump house was designed to fit into the neighborhood. Sweeney /Amundson moved to adjourn the meeting to Monday August 13, 2001, at 5:00 p.m. The meeting adjourned at 6:59 p.m. Motion carried unanimously. U&A-, � - C Judith S. Cox City Clerk Carole Hedlund Recording Secretary CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: September 27, 2001 5 Introduction and Background Attached is a print out showing the division budget status for 2001 based on data entered as of 10/01/2001. Attached is a regular council bill list for invoices processed to date for council approval. Also included in the checklist are various refunds, returns, pass through, etc. totaling $65,774.30. The actual net expense amount is $226,912.94. Action Requested Move to approve the bills in the amount of $292,687.24. 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N O Z -: O LL ~ ¢ LL o aF w ? w 0 z m F w a l Q N O a c U it a Q o W Q co Y U` H w d U W N Co w w w m N w L a 0 R O N N O O O O L O O C7 O S O O O O N C O m O U O O o o a a a 0 0 0 0 0 C ::, ) 0 e CITY OF I ' Memorandum T: Mayor and City Council Mark McNeill, City Administrator CONSENT FROM: Peter Vickerman- Planner I -GIS SUBJECT: Amendment to the land use map guiding property from Entertainment to Light Industrial and an Amendment to the Zoning Map rezoning property from Major Recreation / Planned Unit Development (MR-PUD) to Light Industrial (I -1) APPLICANT: High Five Erectors MEETING DATE: October 2, 2001 High Five Erectors has requested that the City amend the land use map to guide property currently guided as Entertainment to Light Industrial and to amend the zoning map to rezone property currently zoned Major Recreation / Planned Unit Development to Light Industrial. The property is located on County Road 83, just north of the main entrance to Canterbury Downs Racetrack PLANNING COMMISSION RECOMMENDATION: At its September 20, 2001, meeting, the Planning Commission took public testimony and reviewed this request. After review and discussion, a motion to recommend approval of the rezoning request was approved unanimously. Provided for your reference is a copy of the September 20, 2001 memorandum to the Planning Commission. 1. Approve Ordinance No. 612, guiding property from Entertainment to Light Industrial and rezoning property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) 2. Do not approve Ordinance No. 612, guiding property from Entertainment to Light Industrial and, rezoning property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) 3. Table the decision and request additional information from the applicant and/or stag Offer and approve Ordinance No. 612, guiding property from Entertainment to Light Industrial and rezoning property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) Peter Vickerman Planner I -GIS AN ORDINANCE OF THE CITY OF 1' MINNESOTA, AMENDING II 1 USE MAP GUIDING PROPERTY . 1 ENTERTAINMENT 1 LIGHT INDUSTRIAL AND AN AMENDMENT 1 THE ZONING . REZONING PROPERTY . 1 1. RECREATTON / PLANNED UNIT DEVELOPMENT (M1' 1 TO LIGHT INDUSTRIAL WHEREAS, High Five Erectors, the Applicant and property owner, reguiding property from Entertainment to Light Industrial and rezoning property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) WHEREAS, the subject property is legally described as follows: Lot 1, Block 1, Behringer's First Addition, and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on September 20, 2001, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting of October 2, 2001, and found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City adjacent to property WHEREAS, the City Council have found that amending the boundaries of the land uses on the draft and approved Comprehensive Plan for Light Industrial is consistent with the proposed zoning. 1 I/ 1 / 11 11 1 Section 1 - That the draft and adopted Comprehensive Plans are hereby amended to guide this property for Light Industrial uses. Section 2 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning the property referenced herein, from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of Attest: Judith S. Cox, City Clerk 2001. Mayor of the City of Shakopee Published in the Shakopee Valley News on the day of . 2001. SITE INFORMATION: Applicant: High Five Erectors Property Owner: High Five Erectors Location: West of Canterbury Rd (CSAH 83) North of I e Avenue South of e Avenue Adjacent Zoning: North: Light Industrial (I -1) South: Major Recreational ) East: Light Industrial : (I 1 1) West: Major Recreational ) Size: 4.77 acres MUSA: The site is within the current MUSA boundary. EXHIEBITS: A: Zoning and Location Map B: Written Statement of the Application C: Waiver and Hold Harmless Agreement D: MR and I -1 regulations 1 0 High Five Erectors has made application for an amendment to the Comprehensive Plan reguiding property from Entertainment to Light Industrial and an amendment to the Zoning Map rezoning property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1). The applicant has submitted a building permit at the site and have agreed to a Waiver and Hold Harmless Agreement (see Exhibit C) to begin construction before City Council approval of above changes. Currently the property is part of a Planned Unit Development (PUD) approved in 1992. Any additions or changes to the property require an amendment to this PUD. The applicant has previously had four (4) PUD amendments to accommodate additions to the property. The rezoning request will eliminate the PUD to further ease current and future expansions, additions, or changes. Discussion: The City's Comprehensive Plan sets basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Under Minnesota statute, zoning is to conform with a city's comprehensive plan. Both the adopted and proposed city land use plans guide the subject property for entertainment use to accommodate possible future expansion of adjacent Canterbury Downs. This site is also adjacent to industrial districts, which have seen much faster growth than the Major Recreation area. The proposed rezoning is consistent with the proposed reguiding of the Comprehensive Plan. Exhibits D provides a listing of the uses, both permitted and conditional, that are allowed in the M -R and I -1 _ Copies of the land use plans are available for viewing at City Hall and will be made available at the September 20, 2001 meeting. The building addition that is the catalyst for this reguiding and rezoning request is 1200 square foot expansion to be used for office space. Findings for Comprehensive Plan Amendment: The criteria required for the granting of a Comprehensive Plan Amendment are listed below with proposed findings for the Commission's consideration. Criteria #1 That the original Comprehensive PIan is in error, Finding M 1 The original Comprehensive Plan as depicted on the City's current lwid use map is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding r2 Significant chcmiges in community goals acid policies have not taken place relative to the subject property. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Flndliig ',3 Sigil f cwIt changes have occurred in the neighborhood development patient The site was guided Eitertairiment to accommodate businesses related to adjacent Canterbury Down& F.xpmision of Elitertairiment related uses has not taken place but the adjacent industrial: ones have had substantial growth Findings for Zoning MaI2 Amendme Finding #3 Siplificmit chwiges have occurred in the neighborhood development patteni The site was guided Entertainment to accommodate businesses related to adjacent Caliterbury Downs Expwision of Entertainment related uses has not taken place but the adjacent industrial zolies have had substantial growth. Criteria 94 That the Comprehensive Plan requires a different provision. Finding 94 The current comprehensive plan does not require a different `•erent provision. The proposed comprehensive plan amendment would require a re. oning from M R to 1 L Alternatives for Comprehensive Plan Amendment: 1. Recommend to the City Council the approval of the request to reguide the subject property from Entertainment to Light Industrial 2. Recommend to the City Council the denial of the request to reguidee the subject property from - Entertainment to Light Industrial. 3. Continue the public hearing and request additional information from the applicant or staff. Staff recommends Alternative No. 1, recommending to the City Council the approval of High Five Erectors application for an amendment to the Comprehensive Plan reguiding property from Entertainment to Light Industrial Action Requested: Offer a motion to recommend to the City Council the approval of the request of High Five Erectors application for an amendment to the Comprehensive Plan reguiding property from Entertainment to Light Industrial Alternatives for Zoning Map Amendment: 1. Recommend to the City Council the approval of the request to rezone the subject property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) 2. Recommend to the City Council the denial of the request to rezone the subject property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) 3. Continue the public hearing and request additional information from the applicant or staff. Staff recommends Alternative No. 1, recommending to the City Council the approval of Emerald Crest of Shakopee's application for an amendment to the Zoning Map rezoning property from Recommend to the City Council the denial of the request to rezone the subject property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) Action Requested: Offer a motion to recommend to the City Council the approval of the request High Five Erectors application for an amendment to the Zoning Map rezoning property from Major Recreation / Planned Unit Development (MR -PUD) to Light Industrial (I -1) Peter Vickerman Planner I -GIS g: \bona- pc\2001 \09- 20\high5 cup. doc Il t� al IV c r a I .!►� w � t r A =� • -_. 700 Cantertury Road • p -O_ Box 477 • Shakopee. MN 55379 -9952 • (952) 496 -4000 • FAX (952) 496 -1650 July 31, 2001 City of Shakopee 129 South Holmes Street Shakopee, NLNN 55379 RE: Approval of Amendment to: High Five Erectors. Inc. Zoning Ordinance Gentlemen: High Five Erectors. Inc. is a steel erection company incorporated in the State of Minnesota in 1987. High Five Erectors' offiee!shop building is located at 700 Canterbury Road, Shakopee, Minnesota. We have been at this location since 1992. When we purchased the property it was zoned - `RTD" — (Race Track District). At that time the possibility of expanding the race track and related race track businesses was very high. Since that time the area has become much more business orientated. There have been significant changes in this neighborhood development pattern_ There are parcels of land directly to our north and east that are zoned "I -1" (Light Industrial) and the land directly to our south is the Valley Green Workforce Development Center. Since we purchased the land, the City of Shakopee has re -zoned the area to be "Recreational". We don't believe we should be included in that zoning of "Recreational", we should be included with our neighbors as "Light Industrial". C haracter of Amending the Zoning Ord inance Scope: Amend Zoning from Recreational to Light Industrial. Type: This property is used for the office, shop and storage of a steel erection company. Site: Lot 1, Block 1, Behringer's First Addition. Approximately a 5 acre parcel, located at 700 Canterbury Road, Shakopee, Minnesota Impact: The amendment of this zoning would have no impact on the adjacent Properties, most are already zoned as Industrial. P_roiect OwnerslDevelopers High Five Erectors, Inc. 700 Canterbury Road Shakopee, MN 55379 (612)496 -4000 (612)496 -1650 FAX "A Woman Business Enterprise and Equal Opportunity Employer" City of Shakopee 07/31/01 Page Two of Two Any errors or omissions should immediately be brought to the attention of High Five Erectors, Inc. Thank you for your help. Very truly yours, i • 1 ' 1 "I M 1 "�►' WHEREAS, High Five Erectors, Inc. ( "Applicant ") is in the process of making application to the City of Shakopee ( "City") for a rezoning of property located at 700 Canterbury Road in the City in order to proceed with a building addition ("Project') at this address; WHEREAS, the City staff has not yet received/reviewed the application; WHEREAS, the Planning Commission and City Council have not yet considered the application; WHEREAS, the Applicant desires to go forward with the construction of footings, foundation, walls and roof for the Project; WHEREAS, the Applicant is willing to accept all the risks and liabilities associated with going forward with such construction prior to the rezoning being considered by the City Council. NOW, THEREFORE, the Applicant, in consideration for the City issuing a building permit prior to the completion of the rezoning process, for itself and anyone acting on its behalf, agrees as follows: 1. The Applicant agrees to apply for and obtain a building permit for the construction of footings, foundation, walls and roof for the Project; 2. The Applicant waives any claim against the City arising out of the issuance of a building permit or the construction of the Project prior to the rezoning being considered by the City Council; I The Applicant agrees to defend, hold harmless, and indemnify the City for any claim arising out of, or relating to, the issuance of the building permit or the construction of the Project prior to the approval of the rezoning. 4. The Applicant agrees to remove at its sole cost and expense any construction done on the Project if, for any reason, the rezoning application is not approved by the City Council. 5. The Applicant understands that the City, by allowing the Applicant to proceed with a portion of the Project, does not commit or obligate the City Council to approve the rezoning application. Date � a _, 2001 HIGH FIVE ERECTORS, INC. Its §11.42 B. restaurants, class 1; C. public buildings; or D. utility services. S ubd 3 Conditional or Planned Unit D evelop ment Uses. Within the major recreation Zone, no structure or land shall be used for the following uses except by conditional use permit or planned unit development: A. commercial recreation, major or minor B. restaurants, class II; C. hotels, motels and conference centers; D. horse care uses including boarding, training, showing, grooming and veterinary clinic facilities; E. retail uses and entertainment facilities; F. administrative, executive, and professional offices; G. health and athletic facilities; H. private lodges and clubs; L uses having a drive -up or drive - through window; J. utility service structures; K. day care facilities; 1,, adult day care centers as cond lional use, subject to the following conditions: The adult day care centers shall: 1, serve thirteen (13) or more persons; Argo row®® in 1997 1195 HM. 2 provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisurefrecmation areas located and designed to minimize visual and noise impacts on adlacent areas; 4. th total indoor space available for use by participants must equal at least f (40) square feet for each day care participant and each day care staff mem present at the center. When a center is located in a multifunctional organzation, the center may share a common space with the multifunctional organization it the required space available for use by part is maintained while the center is operating In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms and utility and storage areas; b, more than 25% of the space occupied by the furniture or equipment used by participants or staff; or C. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; S. provide proof of state, federal and other governmental ricensing agency approval; and 6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997) M. relocated structures; N. structures over the height allowed based on their setback,, 0. developments containing more than one (1) principal structure per lot; or P. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord. 528, October 29, 1998) S ubd 4 Permitted Acce ssory U ses. Within the major recreation zone, the following uses shall be p ermitted accessory uses: A. parldrig and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. communication service apparatus(device(s) as permitted accessory uses, subject to the following conditions: g." nwod in 1990 1196 §11.42 1. shaU be co- located on an existing tower or an existing structure; g. must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus); 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(syapparatus other than danger or warning type signs; S. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6, shall be located and have an exterior finish that minimizes visibility off -site to the maximum extent possible; 7, appricable provisions of the City Code, including the provisions of the State Building Code therein adapted, shall be complied with; g, all obsolete or unused towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9, the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s) /apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and rf those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: ` City parks of sufficient size and character that are adjacent -to an existing commercial or industrial use; ® commercial recreation areas and major playfields used primarily by adults; 11. an revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund; or (Ord. 479, March 13,1997) F, other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. 1197 minimum lot width: 300 feet minimum front yard setback: one -half (1/2) of that structure °s height or fifty (50) feet, whichever is greater minimum side yard setback: one -half (112) of that structure's height or twenty -five (25) feet, whichever is greater minimum rear yard setback: one -half (112) of that structure's height or thirty (30) feet, whichever is greater minimum rear yard setback from residential zones: one -haft (1/2) of that structure's height or fifty (50) feet, whichever is greater D. Minimum access spacing: County Roads 83 and 16: No access is allowed other than to public and private streets with a minimum spacing of 600 feet. Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue: Street and driveway access paints must be separated by a minimum of 300 feet. (Ord. 204, July 31, 1986; Ord. 264, May 26, 1989; Ord. 328, January 30,1992; Ord. 342, October 29,1992; Ord. 377, July 7, 1994) SEC. 11.43. Reserved. (The next page is 1235.) Pe" rgmed if' 1198 _ sEc. 11A4. LIGHT MUSTRY ZONE ► sites Subd. 1. purpose, The purpose of the light Mustry mne is to provide an area for ixtustriaL Igtit manufacturing, and office uses wftch are generally not obtrusive and wtxh serve as a transition between more intensive kxtustna I _ ._ uses. C. establishments supplying goods or services primarily to industrial uses; D. agricultural uses, but limited to the growing of field crops; E. utility services; F. utility service structures; G. offices within the principal structure and dreciiy associated with another permitted use; Boa N , 1235 MWO . fights and/or flashing equipment shall not be permitted unless required by state or federal agencies; S. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-focated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; S. must be built to accommodate antennas being placed at varying heights on buildings 13. equipment and _. landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the suffouncring 1237 1. shall be co-located on an existing tower or an existing structure; Z must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus); 3. fights and/or flashing equipment shall not be permitted unless required by state or federal agencies; q. signage shall not be allowed on the communication service devices) /apparatus other than danger or warning type signs; S. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off -site to the maximum extent possible; i >y.8. CITY OF SELAXOPEE Memorandum CASE LOG NO.: 01 -101 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment to Revise Sign Ordinance E G DATE: October 2, 2001 INTRODUCTION: Staff has prepared a draft text amendment that revise the current sign regulations. It is the intent to replace the entire existing signage section of the Zoning Ordinance (Section 11.70) with the revised language. The Planning Commission has reviewed the draft on several occasions and has provided comments which have been incorporated into the draft amendment. ALTERNA S: 1. Approve Ordinance No. 613, approving the revised sign ordinance as presented. 2. Approve Ordinance No. 613, approving the revised sign ordinance with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed amendment at its August 9, September 6, and September 20th meetings. The Commission has unanimously recommended approval of the proposed amendment as presented. ACTION REQUESTED: Offer and pass a motion to approve Ordinance Number 613, amending City Code Sec. 11.70, as presented. lie Klima lanner II g: \cc\2001 \cc1002 \td msigns.doc • M) le . I 1 1 1,11161 ii III , Section 1 - That City Code Chapter 11, Zoning Regulations, Section 11.70, Signs, is hereby amended by replacing it in its entirety with the following: SEC. 11.70 SIGNS. Subd. 1. Purpose. The purpose of this section is to protect and promote the general health, safety, and welfare of the City through the establishment of a comprehensive series of standards, regulations, and procedures governing the erection, use, and display of signs. The provisions of this section are intended to encourage creativity, a reasonable degree of freedom of choice, and opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying, or otherwise utilizing signs, while assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate, or unnecessary use of signs. Subd. 2. Prohibited Signs. The following types of signs are prohibited in all districts, unless expressly permitted by other sections of this ordinance: a) roof signs including signs mounted on a roof surface or projecting above the roof line of a structure if either attached to the structure or cantilevered over the structure; b) revolving and moving signs; c) message boards that provide any flashing, blinking, revolving or moving messages or graphics; d) portable signs including but not limited to sandwich boards and signage trailers; e) projecting signs. Wall signs shall be mounted parallel to the building and shall not project more than 18 inches from the face of the building, f) painted wall signs including signs painted on the face of a structure. Works of art which are not commercial messages are exempt; g) signs attached to utility poles, trees, rocks, and other similar natural surfaces; h) signs within public right -of -way except for official traffic signs, specified temporary signs, and signs specified in the central business (133) zone; i) signs which are designed to resemble official traffic signs except signs which are used to control traffic on private property; J) abandoned signs which identify, advertise, or provide direction to a use, business, industry, or service which has ceased existence or moved from the premises, shall be removed within sixty days of the cessation or relocation of such use, business, industry or service; i) illuminated signs which exhibit any of the following: 1) external illumination that is determined to interfere with safe traffic operations; 2) the sign is directly oriented to any residential district; 3) signs containing neon lighting. m) signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets; n) exterior signs that obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any structure; o) offensive signs containing any indecent or obscene material; p) advertising signs. Advertising signs which exist on the effective date of this Section shall be considered legal, nonconforming, and subject to City Code Section 11.90. Nonconformities; q) signs resembling official signs or containing emblems or names resembling official emblems or names, are prohibited unless authorized by a government body, r) any sign not expressly permitted by the provision in this section. Subd. 3. Ideological and Non - commercial Signs. Any sign allowed under this section may contain ideological or non - commercial copy in lieu of any other copy. An ideological or non- commercial sign is a sign which does not name or advertise a product, service, or business, but only expresses a viewpoint, opinion, idea or non - commercial message, such as a public service message or a message relating to politics, religion or charity. Subd. 4. Location of Sign. a) Free standing signs may advertise only a business, commodity, or service which is located or performed on the lot or parcel of land where the sign is situated. b) Window signs shall not exceed 25% of the window area or exceed 32 square feet, whichever, is less, except as allowed in the Central Business (B3) zone. c) Awnings, canopies and marquees are structures attached to and projecting over the entrance to a building, and made of cloth, metal, or other weather resistant material. They shall be considered an integral part of the structure to which they are attached. One sign is permitted on each side and front of an awning, canopy or marquee. An awning, canopy or marquee shall not be considered part of the wall area for purposes of calculating permissible sign area. Limitations on the size of signs on awnings, canopies and marquees apply regardless of the number of tenants located within the building. Subd. 5. Temporary Signs Temporary signs are prohibited in all zones, except as follows: a) Temporary banners and pennants employed for grand opening of business establishments or special events shall be permitted upon issuance of a temporary sign permit. A special event is an occurrence having a particular purpose which does not occur on a regular basis. Temporary banners and pennants shall comply with the following: i) Aggregate time of display shall not exceed 30 days per calendar year. ii) Sign shall be affixed to a principal structure which is owned or leased by the business which the sign is advertising. iii) Total sign area shall not exceed 32 square feet. iv) Only one temporary sign permit shall be issued at a time. b) One temporary unilluminated identification sign identifying the name of the project, architect, engineer, contractor and/or financing agency may be installed at a construction site in any zone for the period of construction only. Such sign(s) shall not exceed 32 square feet in area and shall be removed within 7 days following the issuance of a certificate of occupancy. A temporary sign permit is not required. 3 c) Temporary unilluminated real estate signs may be placed in any zone subject to the following criteria: i) Shall be limited to 8 square feet in residential zones, except that a real estate sign advertising an entire residential subdivision shall not exceed 32 square feet. ii) Real estate signs in all non - residential zones shall be limited to 32 square feet in size. iii) Real estate signs shall be removed within 7days following the closing of the sale or lease transaction. iv) One sign shall be allowed per street frontage. v) Real estate signs greater than 8 square feet shall be removed within 7 days of the sale or lease or within 1 year whichever occurs first. vi) Temporary sign permit is not required. Subd. 6. General Regulations. The following regulations shall be permitted in all districts. a) Political campaign signs: temporary political campaign signs are permitted according to the following: i) Display period from 30 days before to 10 days after an election day. Additionally, signs may remain on display between primary general elections; ii) Consent of property owner is required; iii) 8 square feet maximum within a residential district; iv) 32 square feet maximum within a non - residential district; v) shall not be placed within a public right -of -way; vi) shall not be placed on any publicly owned property; vii) shall be placed at least 30 feet from any street corner and should not in any way obstruct the view of traffic; viii) sign permits and/or fees are not required. b) Directional signs: permanent directional signs are permitted according to the following: i) One directional sign per separately owned tract of land; ii) Shall bear no advertising; iii) 8 square feet maximum; iv) 3 foot maximum height; v) major commercial recreation facilities and business complexes shall be allowed on directions sign for each driveway intersecting with a public or private street or shared access area; vi) off -site signage shall not be allowed. c) Residential security system signs: all signs identifying the presence of a residential security system are permitted not to exceed one square foot. One sign is permitted per driveway connection to a public right -of -way or where one private driveway converges into another. d) Governmental signs: permanent governmental signs for control of traffic and other regulatory/notification purposes and street signs are exempt from the provision of this section. e) Public Information signs: public information signs shall be counted as part of the allowable signage provided within the various zones. f) Noncommercial opinion signs: on- premise non commercial opinion signs are permitted as follows: i) In residential zones, each dwelling unit is permitted an additional sign which is no larger than 6 square feet and no higher than 6 feet tall. In medium density and multiple family 4 districts, the sign must be attached to the dwelling unit or placed in another location which clearly does not appear to represent the opinions of other residents in the are who have not agreed to the sign. No permit fee is required for a sign authorized under this paragraph. ii) In all districts, any sign authorized in this chapter is allowed to contain noncommercial copy in lieu of any other copy. For new signs posted with a noncommercial message, the sign fee is waived until such time as the sign is converted to contain a commercial message. g) PUD overlay zoning districts: signage within PUD overlay districts shall comply with the requirements of the underlying district, unless specified otherwise in the PUD approval. h) Address signs: identification numbers are required in all zoning districts and should be clearly visible from the street. Address signs do not reduce permitted sign area. i) Signage within the Planned Residential District (PRD) zone shall be allowed consistent with the regulations of the underlying use. Subd. 7. Residential Zone Regulations The following signs shall be permitted in the residential zones: a) Nameplate signs are permitted for single family or two family dwellings, not to exceed 2 square feet. b) Area identification signs shall be permitted subject to the following: i) One monument style sign; ii) Shall not exceed 24 square feet copy and graphic area; iii) 6 foot maximum height; iv) Shall be located at a primary entrance to the project area; v) City shall not be responsible for maintenance of sign. c) Freestanding pylon signs are prohibited. d) Governmental, institutional, and recreational signs. i) A place of worship, public building, institution, or public recreation facility shall be allowed the following: (1) One sign or message board per entrance up to a maximum of 4 per structure; (2) Shall not exceed 30 square feet in area; (3) Shall be setback at least 10 feet from any right -of -way line; (4) 8 foot maximum height; (5) may be single or double faced; (6) If the entity has multiple facilities that provide public activities, wall or free standing signage shall be allowed subject to the following: (a) Shall not exceed 100 square feet in area; (b) Shall be setback at least 10 feet from any right -of -way line; (c) 8 foot height maximum; (d) May be single or double faced; (e) Shall be limited to one sign; (f) Shall be placed in a location with a minimum lot size of 10 acres; (g) Sign copy shall be limited to describing information and activities occurring on- site or at the entity's other facilities only, or copy as allowed under Section 11.70, Subd. 3. (7) Commercial recreation signs. (a) One sign or message board per entrance up to a maximum of 4 per structure for a commercial recreation facility. (b) Shall not exceed 30 square feet in area; (c) Shall be setback at least 10 feet from any right -of -way line; (d) 8 foot maximum height; (e) may be single or double faced. Subd. 8. Commercial Sign Regulations. The following regulations shall apply to the Central Business, Community Commercial, and Neighborhood Commercial zones. a) Wall signs. i) On the Front of Building. (1) The front of the building shall be defined as the wall of the building with the main entrance. (2) One and one -fourth square feet of signage shall be allowed for every linear foot of the front building wall. (3) Maximum of 125 square feet of signage. (4) Business complexes shall be allowed 1 square foot per linear foot of building wall on which the sign is mounted up to a maximum of 100 square feet per tenant on a side of the building other than the front. ii) Not on the front of the building. (1) Signage shall be allowed on a building wall other than the front if the wall faxes a street or there is a public entrance on that side of the building. (2) One square foot of signage for each linear foot of building wall on which the sign is located. (3) Maximum of 100 square feet. (4) Business complexes shall be allowed 1 square foot per linear foot of building wall on which the sign is located up to a maximum of 100 square feet per tenant on a side of the building other than the front. b) Projecting Signs. A projecting sign is a sign, other than a wall sign, which projects from a building wall or structure more than 18 inches at any point. i) Shall be hung at right angles from a building face. ii) Shall not project out from the building face more than 36 inches. iii) Bottom of the sign shall allow for a minimum 8 feet of clearance. iv) The top of the sign shall not be higher than the lowest point of the roof or parapet of a one -story building. v) No face of the sign shall exceed 12 square feet. vi) Only one projecting sign is allowed per building face. vii) Sign must be constructed of wood. c) Freestanding and Portable Signs. Freestanding and portable signs are prohibited except for sandwich board signs, subject to the following: i) Shall not exceed 12 square feet per sign face. ii) Must be placed on the sidewalk directly in front of the establishment during hours of operation only. iii) Must not interfere with pedestrian traffic. 6 d) Nameplates. One nameplate sign per occupant, not to exceed 2 square feet shall be allowed. Multi- tenant buildings shall be allowed one sign not to exceed 12 square feet. No sign shall have more than 2 display surfaces. e) Area Identification Signs shall be permitted, subject to the following: i) One monument style sign; ii) Shall not exceed 50 square feet copy and graphic area; iii) 10 foot maximum height; iv) Shall be located at a primary entrance to the project area; v) City shall not be responsible for maintenance of sign. f) Public Information Signs are prohibited. g) Awnings shall comply with the following conditions: i) All portions of any awning sign shall be at least 8 feet above any sidewalk. ii) A valance attached to an awning may extend 12 inches below the roof of the awning at the point of attachment, but in no case shall any portion of a valance be less than 7 feet in height above a sidewalk. iii) Awnings may extend over public property not more than 7 feet from the face of a supporting building, but no portion shall extend nearer than 2 feet to the face of the nearest curb line measured horizontally, nor interfere with public placements in the right - of -way. iv) In no case shall the awning extend over public property more than 2/3 of the distance from the property line to the nearest curb in front of the building. v) Awning supports shall not extend down into public property. vi) Signs placed on awnings shall be counted as part of the total allowable signage allowed. h) Window Signs shall comply with the following conditions: i) Painting or applying letters on building windows shall be permitted. These letters shall be considered as part of the window signage. ii) Shall not occupy more than 50% of the available window area. iii) All other permanent signs located on or within building windows shall not occupy more than 10% of the available window area. iv) Total signage within any window shall not be greater than 50% of the available window area. v) Window signs shall be considered the same as wall signs and count toward the total square footage allowed under this section. i) Shared facades. For businesses sharing the same fagade, the same or a similar method of signing must be used for all parties desiring to place a sign on the fagade. j) Mural Signs may be permitted with a conditional use permit. k) Obscuring Architectural Features. No sign shall obscure the architectural features of the building to which the sign is attached. 1) Extensions. No sign shall extend beyond the ends of the wall to which it is attached. m) Historic Compatibility. All signs shall be compatible in style and materials with the structure on which they are located and with the architecture in the zone as a whole. n) Exterior Signs Limitations. No business shall be allowed more than 2 permanent exterior signs per building face, excluding nameplate signs and window signs indicating the operating hours of the business. The following regulations shall apply to the Highway Business and Major Recreation Zones. a) Wall signs. 7 i) On the Front of Building. a) The front of the building shall be defined as the wall of the building with the main entrance. b) Two square feet of signage shall be allowed for every linear foot of the front building wall. C) Maximum of 200 square feet of signage. d) Business complexes shall be allowed 2 square feet per linear foot of building wall on which the sign is mounted up to a maximum of 200 square feet per tenant on a side of the building other than the front. ii) Not on the front of the building. a) Signage shall be allowed on a building wall other than the front if the wall faces a street or there is a public entrance on that side of the building. b) One square foot of signage for each linear foot of building wall on which the sign is located. c) Maximum of 100 square feet. d) Business complexes shall be allowed 1 square foot per linear foot of building wall or up to a maximum of 300 square feet, whichever is less. b) Freestanding and business complex signs. Freestanding and business complex signs shall be permitted subject to the following: i) All freestanding signs shall be monument style. Properties adjacent to arterial roadways shall be allowed freestanding pole signs. ii) One square foot of signage shall be allowed per linear foot of street frontage. iii) Maximum of 125 square feet (per side for double sided signs). iv) One sign shall be allowed per lot, except that business complexes shall be allowed on sign per street frontage. v) Maximum height of 20 feet from grade. vi) Minimum setback of 10 feet. vii) Gas stations shall be allowed an additional canopy sign not to exceed 100 square feet. viii) Shall be located a minimum of 75 feet any residential zoned property. c) Nameplates. One nameplate sign per occupant, not to exceed 2 square feet shall be allowed. Multi - tenant buildings shall be allowed one sign not to exceed 12 square feet. No sign shall have more than 2 display surfaces. d) Area identification signs shall be permitted, subject to the following: i) One monument style sign, ii) Shall not exceed 50 square feet copy and graphic area; iii) Shall be located at a primary entrance to the project area; iv) 10 foot maximum height; v) City shall not be responsible for maintenance of sign. e) Public Information Signs. One wall or monument style sign, subject to the above regulations, shall be permitted for each building. f) Governmental, institutional, and recreational signs. i) A place of worship, public building, institution, or public recreation facility shall be allowed the following: 8 a) One sign or message board per entrance up to a maximum of 4 per structure; b) Shall not exceed 30 square feet in area; C) Shall be setback at least 10 from any right -of -way line, d) 8 foot maximum height; e) may be single or double faced. g) Major Commercial Recreation Signs. Major commercial recreation uses shall be allowed on freestanding sign per facility or street frontage up to 350 square feet and 30 feet in height from the existing grade when the following requirements are met: i) Signs less than 20 feet in height shall include a landscaped area at the base of the sign at least 10 feet in width at the narrowest point and extending at least 5 feet beyond the end of the sign. Signs greater than 20 feet in height shall increase the area to be landscaped by an additional 1 foot in both length and width for each 2 feet of height in excess of 20 feet; ii) The bottom of the message portion of the sign shall be not more than 10 feet above the top of the landscaping; iii) The pylons or support structure of the sign shall be screened with evergreen trees or shrubs; iv) Other durable plantings at least 2 feet in height shall be designed to occupy a minimum of 50% of the required landscape area, v) The landscaped area shall not encroach on the public right -of -way; vi) The sign and landscape area shall be maintained in a neat, clean, and orderly manner; vii) The facility shall have at least 2 feet of street frontage for each square foot of signage; viii) The sign shall not create a health or safety hazard. Subd. 9. Office and Industrial Sign Regulations. The following signs shall be permitted in business park, office business, and industrial zones. a) Wall Signs. i) On the Front of Building. (1) The front of the building shall be defined as the wall of the building with the main entrance. (2) Two square feet of signage shall be allowed for every linear foot of the front building wall. (3) Maximum of 200 square feet of signage. (4) Business complexes shall be allowed 2 square feet for each linear foot of the front building wall, with a maximum of 50 square feet per tenant on the front of the building. ii) Not on the front of the building. (1) Signage shall be allowed on building wall other than the front if the wall faces a street or there is a public entrance on that side of the building. (2) One square foot of signage shall be allowed for every linear foot of the building wall on which the sign is located. (3) Maximum of 100 square feet of signage. (4) Business complexes shall be allowed one square foot per linear foot of building wall on which the sign is mounted, with a maximum of 50 square feet per tenant on a side of the building other than the front. 9 b) Monument Signs. Monument signs shall be allowed subject to the following: i) One monument sign per street frontage. ii) One square foot of signage per linear foot of street frontage, not to exceed 125 square feet. iii) Maximum height of 12 feet. iv) Minimum setback of 10 feet. c) Nameplates. i) One nameplate per occupant, not to exceed 2 square feet. ii) One nameplate sign shall be allowed per multi- tenant building, not to exceed 12 square feet in area per surface. iii) No more than 2 display surfaces shall be allowed. d) Area identification signs shall be permitted subject to the following: i) One monument style sign; ii) Shall not exceed 50 square feet copy and graphic area; iii) 10 foot maximum height; iv) Shall be located at a primary entrance to the project area; v) City shall not be responsible for maintenance of sign. e) Public information signs. One wall or monument style sign, subject to the above regulations, shall be permitted for each building. e) Governmental, institutional, and recreational signs. i) A place of worship, public building, institution, or public recreation facility shall be allowed the following: (1) One sign or message board per entrance up to a maximum of 4 per structure; (2) Shall not exceed 30 square feet in area; (3) Shall be setback at least 10 feet from any right -of -way line; (4) 8 foot maximum height; (5) may be single or double faced; Subd. 10. Administration and Enforcement. a) Sign Permit. Except as specifically exempted herein, it is unlawful for any person to maintain, install, erect, relocate, or modify any sign without first obtaining a permit. b) Application. Applications for sign permits shall be made in writing to the Zoning Administrator upon forms provided by the City. Each application for a sign permit shall set forth the following: i) Correct legal description of the tact of land upon which the sign present exists or is proposed to be located; ii) Location of sign on said parcel; iii) The manner of construction; iv) Dimensions of the sign; v) Materials used in the sign; vi) Complete description and sketch or photograph of the sign; vii) Fee, as set forth in the adopted Fee Schedule in force. If construction or installation of the sign has not commenced within 120 days from the date of issuance of the permit, said permit shall become void. No fee shall be refunded. c) Abandoned signs and signs in disrepair. An abandoned sign or sign in disrepair is prohibited and shall be removed by the owner of the premises within 30 days after 10 notification. If compliance with the provisions of this section are not achieved within 30 days, the city may remove the sign. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered as abandoned for a period of one year. d) Signs on public property or within public right -of -way: The city may at any time and without notice impound signs which have been installed on public property or within public right -of -way or easement. The sign owner may retrieve the signs according to the following: i) A fee must be paid to the city consistent with the fees established in the City's Adopted Fee Schedule relative to the applicable staff persons hourly rate for time to impound said sign(s). For each subsequent impoundment in a calendar year, the specified fee shall be doubled. ii) The sign may be retrieved from a designated impound area during routine business hours and within 10 days from the date of impounding. After 10 days, the city will dispose of the sign; and iii) The city may not be held liable for any damage to impounded signs. e) Enforcement Procedures. The following actions may be taken when an illegal sign is erected. i) The property owner shall be notified via certified mail that the illegal signage shall be removed. ii) If the signage has not been removed within 10 days of receipt of notice, the violation shall be reported to the appropriate city department for prosecution. Subd. 11. Non - Conforming Signs. Signs, including their structures, which do not comply with the provisions of this section are non- conforming and shall be regulated as a non - conforming use. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of 1 2001. 11 CITY OF SHAKOPEE Memorandum uNSENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police �w Date: October 1, 2001 Subject: Civil Defense Siren Purchase Introduction The Police Department is seeking approval to purchase a Civil Defense warning siren to meet the growth needs of the City. Background The City's commercial and residential areas have expanded past the range of our existing siren placements. The new siren will be strategically placed in an area of the City which will meet existing and future needs. Tentative plans are to place the new siren in the southern portion of the City to fill a void in the existing siren plat. We will continue to work with the Scott County Emergency Management to site our sirens in the most effective areas. Budget Impact The number of vendors available to provide bids on civil defense sirens is limited. Bids were received from two vendors; Front Line Fire & Rescue, Monticello, Mn. and Fesler's Inc., North Liberty, Iowa. Front Line has supplied sirens to the City in the past. Front Line Plus Fire & Rescue Whelen WPS 2800 -5 siren $14,000.00 MN sales tax $ 910.00 Shipping $ 475.00 Total $15,385.00 Fesler's, Inc. Whelen WPS 2800 -5 siren and shipping to Shakopee $15,470.00 Tax $ 965.00 Total $16,435.00 The 2002 Police Department budget has $20,000 identified for the purchase and installation of a new civil defense siren. The vendors have indicated a 3% increase in siren prices due to become effective within the next 60 days. The estimated delivery time for sirens has been 12 weeks in previous years. The vendors report the manufacturers have increased the estimated delivery time to 18 weeks. If we want a chance to have the siren installed before the 2002 severe weather season we should order the siren soon. The vendors will not bill for the siren until it is shipped from the factory. Action Requested If Council concurs, they should, by motion, authorize the appropriate City staff to purchase a Whelen Model WPS 2800 -5 civil defense warning siren from Front Line Fire & Rescue for no more than $15,385.00. Sep-14. 2001 11 :17AM FESLER'S INC. 50X 109 - H\nlY 965' .f.�Latza.0 -U F.R - r.Y, IOW..A. X231 September 14, 2001 Shakopee Police DepaAment Deputy Chief Jerry Poole By fax: 952 -233 -3801 No.7544 P• 1/1 Fesler's Inc. is pleased to provide the City of Shakopee with the following quotation for a Whelen WPS 2800 -5 outdoor warning siren. Qty Product Code Description Price Each Price Extended 1 WPS2800 -5 119 dBc omnidirectional siren $ 13,440.00' $ 13 1 D864H10 10 Digit, DTMF, VHF High Band control $ 1100.00 $ 1,100.00 1 STP666 Diagnostic Silent Test $ 300.00 $ 300.00 1 FREIGHT Shipping from Chester, CT (estimate) $ 630.00 $ 630.00 Equipment Total $ 15,470.00 Price quote is valid for 30 days from date of quote. Quotation is for equipment only and does not include inst allation. Karen M. P'csler Presiden (31 9) 626 -6.20 - (800) 383 - 5,483 - Fax (31 9) 6326 -2235 c � .Reczived': 9 3 :45PMi; 763 A295 3650 -> HP LaserJ.et -31 007; , Page 1 FROM : FRONT LINE PLUS FIRE & RESCUE PHONE NO. : 763 295 3650 FRONTLINEAUSFIRE & RES`(,UE 8004 Aetna Avenue N.L. Monticello, MN 55362 Date 1 -8 00 -879 - 3177 -Out state 1 - 763 295 - 3650 - Metro/ ax 9/13/2001 J Name / Address City Of Shakopee Attn; Police Dept Jerry- Poole.. 476Goman -St. Shakopee, - %n: 553 =263-& Terms Net.25 D,escr ption WPS- 2800 -() SirenJs as ]Listed; #2805. 4 WS2805 Electronic Siren; 119dB.(,100ft D864H10.10 Digit DT%F VHF-High Band Om Radio- Control- ( - 150470M# Sci -Vest %ic 2- I2Volt Batteries. Pole Mounting Bracket Factory shippingllffandi; Estiaate(t Estinaa Delivery; Approx 18 , order received-at factory. Price increase of approz 3% due to come within 60 days as we understand.. Any order placed now w.nunld not deliver. >unbl -after the -first of.the-year—To- insure- Vring. delivery Your city. uaa think- ordering-ASAP. Thank Yom 11 475.00 1 475.00 QUOTE ONLY. 30 DAYS Above Date.FOB FACTORY ubfOtBI $14,475.00 Sep. 13 2001 02:56PM P1 Due bate. REP FOB 1018/2001 TG. F Qty. Rate m Total 1 ~ - 147000.00 14,000.00T Sales Tax (6.5 %) $910.00 Total. $15,sss.00 /s CITY OF SHAKOPEE CONSENT DATE: 09/28/2001 TO: City Council Members FROM: Erin Lundy, CSO SUBJECT: Surplus Items For Auction On October 11 2001 at 5:00pm, the City of Shakopee Police Department, along with the Savage Police Department and the Prior Lake Police Department, will be collaborating efforts for the 2nd year in holding a Tri-City Police Auction. The auction will take place at the Shakopee Public Works building in the garage area. There are many articles, such as bicycles, in the loft and evidence room ready for auction. These items need to be declared surplus property before they are placed onto the auction block. I am requesting your approval of these items/bicycles to be declared surplus property. The items are listed below. Thank you. • 2 gold rope necklaces • 1 fake diamond necklace • 1 silver coin necklace • 5 gold rings • Canadian coin • Gold bracelet • Gold/silver Fossil watch • Various computer supplies and items • Army green "Ideal" bag • DeWalt variable speed reciprocating saw w/3 batteries and case • Electronic scale • Cooler • Zenith VCR • Silver tool box • Motorola cell phone w /adaptor and case • Radioshack blo:;k cell phone • 2 Sprint cell phones w /adaptors • Audiophase CD player • Panasonic CD player • NEC cell phone w /leather case ® Motorola DPCX50 flip phone • Backpack • File Cabinent • 2 small car stereo speakers • Backpack • Columbia Jacket and pants • Purse • 3 video cameras • 1 small Cannon handheld camera • 2 videotape holders • 4 silver bracelets • Cell phone adaptors • Backpack • Red flashlight • Baseball bat • Various CD's and Cassette Tapes ® Sunglasses /glasses • Sony CD player face plate • Ericson cell phone • Philps cell phone • Micro TAC Lite II Cell Phone (flip) • Free Spirit bicycle • Columbia bicycle • 2 Magna bicycle • 3 Dyno bicycles • Haro bicycle • 5 Huffy bicycles • Murray bicycle • Schwinn bicycles • Sesame Street bicycle • Gonmosse bicycle • Ventura bicycle • JCPenny bicycle • 2 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Architect Contract — Police Building DATE: September 28, 2001 INTRODUCTION: 15 - - ft. 3 1 The Council is asked to approve a contract for architectural services with Boarman, Kroos, Vogel Group, Inc. for design of the police building. Also included in this would be a master plan for co- locating a future City Hall. Last Fall, the City Council directed that BKV Group be designated the architect for a new library, and a new police building. A contract was entered into by BKV for design of the library building. In March, BKV submitted to staff a proposed contract for architectural services for the police building. However, because of funding uncertainties, that project was placed "on hold" until July, when a determination was made by the City Council to proceed with design of the police building. We still anticipate a Spring, 2002 start. BKV has begun work again on the police building, but as of this time is working without a contract. Principal David Kroos was directed to update the contract to include planning for the location of a City Hall building on the Gorman Street site. The new contract reflects this, and will provide a building concept for the future City Hall building, as it would relate to the site design of the police - building project. It will assist in future planning, and allow the future City Hall building to be of a design to compliment the anticipated police building. BUDGET IMPACT: The compensation for this work shall be 8% of the cost of work for the police facility, and a lump sum of $17,500 for the City Hall site study /master plan. Also included as expenses are reimbursable expenses as described in the contract. These costs will be factored into the building budget, and will be paid for through building fund, and through an interfund loan, recommended to be from the sanitary sewer fund at his time. The City Council will need to formalize that loan in the future as costs are more defined. The City Attorney has reviewed and approved the proposed contract. In the interest of brevity the "General Conditions of the Contract for Construction" have been omitted. If there is a desire to review all of the document, the complete contract is in the office of the City Administrator. I recommend that the contract for architectural services be approved. t 11 a If the Council concurs, it should, by motion, authorize the appropriate City officials to execute the Standard Form of Agreement Between Owner (City of Shakopee) and Architect (Boarman, Kroos, Vogel Group, Inc.) with Standard Form of Architect's Services for the design of the Shakopee Police building and City Hall site master plan. Mark McNeill City Administrator AIi TM Standard Form with Stan F orm o f A rchitect's •• - .� This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Copyright 1917. 1926, 1948, 1951, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ®1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the 17th day of Septembe r in the year Two Thousand One (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Shakopee 129 Holmes Street South Shakopee MN 55379 -1328 and the Architect: (Name, address and other information) Boarman Kroos Vogel Group Inc. 222 North Second Street Minneapolis MN 55401 For the following Project: (Include detailed description of Project) New Shakopee Police Station The Owner and Architect agree as follows. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. AIA DOCUMENT B 141 - STANDARD FORM AGREEMENT - 1997 EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHrrECTS, 1735 NEW YORK AVENUE N-W., WASHINGTON, D-C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: B 141SHAKPOLICE.DOC — 9117/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #1 (Note rite disposition for the following items by inserting the requested information or a statement such as not applicable, " "unknown at time of execution" or to be determined later by mutual agreement. ") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) Police Facility 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such asseotechnical reports about the site.) A pproximate 23.000 ware foot police facility. WorkscoW also includes Site Study / Master Plan to include future City Hall. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed) The complete program document is to be provided by the City of Shako 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: TO BE DETERMINED. .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations orfast track scheduling.) Proposed occupancy by March. 2003. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid negotiated contract, or construction management_) Single prime general construction bid and contract. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Mark McNeill City Administrator City of Shakopee 1.1.3.2 The persons or entities, in addition to the Owner'sDesignated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) City Staff City Council and Planning Commission of Shakop 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and if known, identify them by name and address_) Surveyor Soils Engineer. Special Testing Consultant Audio Visual Telephone and Communications. 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) David R. Kroos AIA DOCUMENT B 141- STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D-C. 20006 -5292. WARNING: Unlicensed photocopying violates U-S. copyright laws and will subject the violator legal prosecution- This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: B 141SHAKPOLICE.DOC -- 9/17/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #2 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and if !mown, identify them by name and address.) Schoell and Madson - Civil Engineering (fee will be established once workscone is determined) Damon Farber Associates LandscRg Design (fee will be established once workscone is determined) 1.1.4 Other important initial information is: 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, as modified for this project. 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1. 1.3 shall be authorized to act on the Owner'sbehalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's e mployees and Architec consultants shall be as enumerated in AIA DOCUMENT B 141- STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: B 14 1 SHAKPOLICE.DOC -- 9/17/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #3 Article 1.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph L1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner The Architect's services shall be performed in accordance with the standard of care Applicable in the State of Minnesota 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1. 1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the Iaw, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the 0 third parties and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. Insert A' 1.3.1.4 The C ost of Work does not i the vahia, of any work performed by the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The fehitee ate the V mi tts sl �ll�edeemed e erg ewnefs e€ r-espee Inswdme -ef e-a*d 11 all eeFwneii lwh-, b , b 1.3.2.2 The Instruments of Service are the property of both the Owner and the Architect and may be used by both the Owner and the Architect as they deem necessary, in their reasonable discretion. _ Either the Owner or the Architect may retain copies, AIA DOCUMENT B 141- STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141 -1997 User Document: B 141SHAKPOLICE.DOC -- 9/1712001. AIA License Number 140118, which expires on 12/23/2001 -- Page #4 reproduce copies, and disseminate copies of the Instruments of Service as are reasonable necessary for the construction and on - going maintenance of the Project. The Owner ag r, ees to indemnify the Architect for an claims or losses resulting from the Owner'suse of the Instruments of Service in a manner not authorized by this Agree b Afehite s4e-d+eOwnef a lieense -te reproduce e - ef- SeFAce selely fer pufpeses-e€- �, usi a Brain e ejee previded tl t the Owner- shall Eempl witl3 -all eblig inel in pr -amps payment - of -all sums when -due; eade F -this AgFeefaent. ale - Afelikee - slta}l ebtaie similes -aenexelusive -lases -frem 4he- teffninate -this lieense_ 44pea sue-h t , 4he Owner shall re€r -airs g fth-dhe r-epr-edue-tiens -e€ -ef- Sep4ee -and - shall €ems -te 4he Af e hit ee wi44 sevea -days -ef t eFminatien -albs -and - repreduetiens -i-n 4he Owne-rs adjud fer-e > aeaexeles h eense pefm des an -pfefessiefia64e-Eepfedu.ee-and; wher - pemHtted- byy4av make ehang-e eeffeetiens er additiefis t inswdments the usin an . 1.3.2.3 Except to lieenses gfanted-i-n- Subparagrnph ?new lieense -Figk shall deemed- gFante implied- u A � O •a a ' a b aaethef-pafty withett the - plies - viii te - ef4he �ZZeweveT�4he t7wne 34MY2 peffaitte - te - autherize - triC Oentrae ef, Subeent+aeter - and material -ef equipmen supplier-s-te-fepfeduee iappheable -e€ 4he- Ins en s e€ Sefvie - apprepfiate4e -and s rise -in the exieetifie n -ef4he WME- ley- heense b anted nSt}hparagf aph 1.3.2.2. b wM4he Pf6}eet- iS- ftet4e eenstfue deregatiAn-e€4he r- esefived-4ghts - ef4he A fe hitccc -and lie A zaehi teet's eensultants. Ow nefsshall-fiet us 4he lnsti-uf3ent5 -4-SePAee futuf eadditien5 ef- alefdti6fiS4e4his Pfejeet f6g ether. a use- ef4he- lnstfuments Se�ie - shall -be -at:4he- - and witheu hability4e4he A `z-n'e hiteei -aid4hCe A r - � - ucrn cc hi teeti ' s eensultants. 1.3.2 a t th Owner aft a to the A le efeft .. A. � ate - racriiL any- c t acc �e6F�-nE9fk3AFati6n i�i16 the �n53EfktS-6��CFi�iE�, �he-�AeF-$nd - £132 zac zzrcccz �l wf iaen agr - eefa2 nt - set fefth4he speeifie Eendi£iens�4he 9f histpdmen 9f SeFv2E8 c iccavnac data, ineludin 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect approved in writing by the Owner shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation. .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 si change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; AIA DOCUMENT B 141 - STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: B 141SHAKPOLICE.DOC -- 9/17/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #5 .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a- publie heafing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3.4. 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Arehit a 4he- Gwaer c-ensequential- damages -€er elaims disputes eF -m"eifss -iii questie arising-eat€ e€ eg damages b b AIA DOCUMENT B141- STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141 -1997 User Document: B 14 1 SHAKPOLICE.DOC -- 9/17/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #6 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Owner. unless- 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes- e€ aetien betwee e pries- te4his- ee�-pe4ainiflg -te aets # Mures- te- ae4- sheil --be deefted -te have aeerued and the applie III -emmenee t_e n�u et later- than either- the date ef 8abstantiati Gempletien b b l a t er- t h A h r t' seFy afe ubs ti I1 r 1.3.7.4 Te-the eaten -damages ae-ee*ered* prepet#yiftsu€auEe BwneF #fie Af:ehitee t wage all fights against b ether agains eensuRants, - agents a - empleyees e€ th ether €er ds es,- exeegt sueh ri is the) may have te the pfeeeeds ef sueh insufanee as set fei4h in the editien ef AIA DeetHaent A201, Gener Genditiefis ef4he Geatr-ae €eF Censtruetien; -as e€ - the of this $wqie - Ar -ehiteet ; - as-appre}fiate; sly require -e€ -the eentr�, eensu4tants, agents -ate -empleyees - e€-any -e€ the sifail _s -in fa-ve -e€-the ether parties 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information_ if b €erthe Pfs}eet. 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner'srights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails, without cause, to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AIA DOCUMENT B 141- STANDARD FORM AGREEMENT - 1997 EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141 -1997 User Document: B 141SHAKPOLICE.DOC -- 9/17/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #7 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than twenty(201 seat days' written notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than twenty (20) seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated_, - 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, eF erg aeeeun e€ th eest e i W i et d ian t f er- h' A h the rehiteet h as- b een ' in � a `♦ to li a - 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, all of which shall be itemized, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock -ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 •t d t o 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized AIA DOCUMENT B141- STANDARD FORM AGREEMENT- 1997 EDITION- AIA -COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N -W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and wilt subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: B 141SHAKPOLICE.DOC -- 9/1712001. AIA License Number 100118, which expires on 12/23/2001 -- Page #8 representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents fasted below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141 -1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: A City Hall Site Study/ Master Plan• A lump sum fee of Seventeen Thousand Five Hundred ($17.500.00) dollars. B Project Implementation for Policy Facility Eight (8 %) percent of the Cost of Work. This percentage applies to the cost of furniture and equipment included in the Architect's workscope 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required Identify specific services to which particular methods of compensation apply.) Discipline Hourly Rate Range PrinciQal $ 153 - $ 172 Project Manager $ 94-$ 101 Project Architect $ 45-$_ 88 Interior Designer $ 41-$85 Mechanical Engineering $ 87-$115 Electrical Engineering 97-$ 99 _$ Structrual Engineering 65-$ 99 Construction Administration $ 102- $ 104 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one (1) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one ( 1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. AIA DOCUMENT B 141- STANDARD FORM AGREEMENT - 1997 EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: B 14 1 SHAKPOLICE.DOC -- 9/17/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #9 1.5.5 Other Reimbursable Expenses, if any, are as follows: 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of zero Dollars ($ 00 = 00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid forty -five ( days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect (Insert rate of interest agreed upon.) Prevailing prime interest rate plus one 0%) percent. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within the ( 30 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. I title) OWNIER (Signature) R7en E CT (Sigr Mayor O Boatman C Kroos Vo Administrator (Printed name and title) Insert B: CiLYs'lerk AIA DOCUMENT B 141- STANDARD FORM AGREEMENT - 1997 EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: B 141SHAIPOLICE.DOC -- 9/17/2001. AIA License Number 100118, which expires on 12/23/2001 -- Page #10 Standard • of Architect's Design and Contract Administration This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AU`rH_ INMCATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.` Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect'sjudgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or .equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner'sbudget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner'sbudget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Subparagraph 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, with witheu E additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or AIA DOCUMENT B141-STANDARD FORM SERVICES - 1997 EDITION- AIA -COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C_ 20006 -5292. WARNING: Unlicensed photocopying violates U-S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner'sprogram, financial and time requirements, and the scope of the Project. Insert _ A: _2. 14 Workscope: work .tQI -th ia workscope yg foiiows: 1, s Review ,� S= j=�,L 1S�ljif gd in 12rev� , ammiu documents. ie WS „ r w, ith �: _City .cunfiL 1 City � �I � + Dev l e nient . LQfiagd _a= XL am l tiag f4L amity JJL .a= naQdS. a .rQ9 L onduct3 Visioning" ses, sion�}itll Y�1L: SI3 .3�� IS�1R�.3SS1SI1IIS 1111>1:311�& �ateCit 111LY = Development f j .n rite X21311 concept tt.Q3 °� n(sl -L- Presentation Md r ,vi w .Qf .pl= conceit glion(s) -w. th -City leadership. 7 Refinement - Qf selected mas e DIM ZQ= Aa rculdrZI .L Develnpm nt of "master facility" image concept(e) Tma ®e concepts to include exterior imaoe davelopMent of fill= Lity _]j _i coniunction _)yit� tha Police facility development. 1. Presentation _ud review ..Qf .lMaze on .pt(l �3itil _City lade whip _nd refina _aa LQQUi d _ jQ,_Develo; a f al d nm 11 recording,th�proJamm d needs master plan and mister imaoe. c�nceptc fo,_, r future is by city. ARTICLE 2.4 DESIGN SERVICES 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. 2.4.2 SCHEMATIC DESIGN DOCUMENTS AIA DOCUMENT B141-STANDARD FORM SERVICES - 1997 EDITION- AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTEOF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect'soption, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.4.3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2.4.4 CONSTRUCTION DOCUMENTS 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of. (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or. negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for prospective bidders. AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION- ALA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS 2.5.5.1 P€epesaf Documents - sitar fensist -e€ prepesal pr-epesed pct €erms, Geneftg Geaditiens -ate Drawin 2.5.5.2 I€ guested -by -the Qwnef, 4he " _ Kitt - small arfauae -der - greeufing, 4he - reprodue -e€ Pr-epesal Dee-maents A r ..l.;re..r fer suet e*geases 2.5.5.3 , a 2.5.5.4 The A eensiderr-equests�arer substitutions, if pefmiaed — ,haH - prepare - ate distFibute addenda a 2.5.5.5 -H- requested -b-y- tire- 8weer -,4he ^- : ehitee ali assist he Owner -IA4th presp eetiveeefitraeter-s. The - a , as difeeted by the Owner- ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement as modified for this Project Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTEOF ARCHrrECTS,1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution_ This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141 -1997 Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D-C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141 -1997 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.5 CHANGES IN THE WORK 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with ;the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2.8.2. 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner'sexecution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141 -1997 Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner. (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Completion to review the need for facility operation services. Owner's Designated Representative promptly after Substantial 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner'sDesignated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 up to two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to two ( 2 ) visits per month to the site by the Architect over the twelve month duration of the Project during construction. .3 up to two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to two ( 2 ) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work Date of Substantial Completion is established in the Owner /Contractor Agreement 2.8.3 The Architect shall famish or provide the following services only if specifically designated: Services Responsibility Location of Service (Architect, Owner or Not Provided) Description .1 Programming Owner .2 Land Survey Services Owner .3 Geotechnical Services Owner .4 Space Schematics/Flow Diagrams Architect .5 Existing Facilities Surveys N/A .6 Economic Feasibility Survey Owner .7 Site Analysis and Seleetien Architect .8 Environmental Studies and Reports Owner .9 Owner Supplied Data Coordination Owner .10 Schedule Development and Monitoring Architect .11 Civil Design Architect (fee to be determined once workscoW is established) .12 Landscape Design Architect (fee to be determined once workscope is established) .13 Interior Design Architect .14 Special Bidding or Negotiation Owner /Architect .15 Value Analysis Owner /Architect .16 Detailed Cost Estimating Owner .17 On -Site Project Representation Owner /Contractor .18 Construction Management N/A .19 Start-up Assistance Owner .20 Record Drawings Contractor .21 Post - Contract Evaluation Owner /Architect .22 Tenant - Related Services N/A .23 Furniture and Equipment Architect .24 SRecial Testing Services Owner .25 Audio Visual Owner .26 Data. Telephone a Communication Owner Description of Services. (Insert descriptions of the services designated.) ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: 2.9.1.1 If a Change Order or Construction Change Directive is necessary due to an omission, oversight, or other act caused by the Architect, the Architect shall raepare drawings, _pecifications and other documents and suppqrt data, evaluating Contractor's proposals, and rp °vide other services as may be required in connection with the Change Orders and Construction Change Directives at no additional cost to Owner. 2.9.1.2 The Architect's visits to the site during the construction phase shall average two (2) times per month 2.9.1.3 If services described under Additional Services are required due to circumstances beyond the Architect'scontrol. the Architect shall notify the Owner in writing and receive the Owner's approval in writing prior to comme suc services 2.9.1.4 The date of Substantial Completion shall be established prior to the completion of the Owner - Contractor Agreement. The extent of rp oiect representation of the Architect for Basic Services shall coincide with a date six (664) days beyond the date of Substantial Completion. At that time, further project representation beyond BAsic Services shall be an Additional Service at the request and approval of the Owner. AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 x.9.1.5 The Architect shall conduct two (2) insMtions after the date of final completion: the first at the end of eleven (11) mo nths of occupancy for the V=ses of ensuring that the facility is in full compliance with the Construction Documents and to notify the Owner of _�Ifly unfinished work; and, the second at the end of three 3) years of occupancy for the purpose of d etermining the facility's overall performance acceptability of design and its functional and technical elements 2.9.1.6 A project contingency of ten (10 %) percent will be part of the project through the bidding and a project contingency of five (5%) percent will be _ of the construction phase budget for unforeseen conditions, required modifications to the documents code interpretations and Owner reouested changes. 2.9.1.7 Reimb ursable expenses (i.e. printing of in -house documents transportation long distance phone fax photo copies and mylars are in addition to the Basic Services Fee. 2.9.1.8 The Architect will be compensated a eight (8%) fee for furniture and equipment and other systems coordination included in the Architect's workscope 2.9.1.9 The Owner agrees to pay for the 12[Maration of Owner requested Change Orders and bid alternates based on eight (8 %) percent of the construction value. 2.9.1.10 Architect's hourly billin rates for each discipline may change effective January 1st of vear_ear that work is performed unde this contract. However, this change would not increase the total fees the Owner to the Architect as compensation. 2.9.1.11 In the p�rformance of its obligations under this Agreement the Architect will comply with applicable provisions of any Federal State or local law prohibiting discrimination on the grounds of race. color, creed. sec, political affiliation. affectional preference, or national origin. The provisions of Minnesota Statute Section 181.59 are mcoiporated by reference into this Agreement. By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: OWNER (Signature) Mayor City Administrator City Clerk (Printed name and title) AIA DOCUMENT B 141- STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the viiolatorto legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 General Conditions of Contract for • This document has important legal consequences_ Consultation with an attorney is encouraged with respect to its completion or modification_ AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 01997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. TABLE OF ARTICLES 1. GENERAL PROVISIONS 3.. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT B AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution_ This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #1 C INDEX Acceptance of Nonconforming Work 9.6.6, 9.9.3, 123 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 4.2.3, 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.8, 4.4.1, 8.3.1, 9.5.1, 102.5,13.4.2,13.7,14.1 Addenda 1.1.1, 3.11 Additional Costs, Claims for 4.3.4, 4.3.5, 4.3.6, 6.1.1, 10.3 Additional Inspections and Testing 9.8.3, 12.2.1, 13.5 Additional Time, Claims for 4.3.4, 4.3.7, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.1.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13, 4.5.1 Allowances 3.8 All -risk Insurance 11.4.1.1 Applications for Payment 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9. 10, 11.1.3, 14.2.4, 14.4.3 Approvals 2.4, 3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5 Arbitration 4.3.3, 4.4, 4.5.1, 4.5.2, 4.6, 8.3.1, 9.7.1, 11.4.9, 11.4. 10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.2, 4.3.6,4.4, 5.2, 6.3, 7.1.2, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility 2.1.1, 3.3.3, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 4.3.4, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9. 1, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.3, 3.3.1, 4.2.6, 4.2.7, 4.2.8, 7.4.1, 12.1, 13.5.2 Architect's Interpretations 4.2-11,4.2.12,4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4 2, 4.3.4, 4.4.1, 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4,_ 4:2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.10.2 Bonds, Performance, and Payment 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W_, WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #2 C 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.102, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4.3.9, 5.2.3, 7.1, 7.2, 7.3, 8.3.1, 9.3.1.1, 9.10.3, 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 11.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3, 4.3, 4.4, 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9.3.3, 9.10.4, 10.3.3 Claims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3, 4.3.4, 4.3.5, 4.3.6, 6.1.1, 7.3.8, 10.32 Claims for Additional Time 3.2.3, 4.3.4, 4.3.7, 6.1.1, 8.3.2, 10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Claims Subject to Arbitration 4.4.1, 4.5.1, 4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.1, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 4.3.5, 5.2.1, 5.2.3, 6.2.2, 8.12, 8.2.2, 8.3.1, 11.1, 11.4.1, 11.4.6, 11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 1.6.1, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2, 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6, 9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3.4, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1, 6.1.4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1-1.4,6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.12.8, 4.2.8, 4.3.9, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.4.9, 14 . Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.4.6, 11.5.1 Contract Documents, The 1.1, 1.2 Contract Documents, Copies Furnished and Use of 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8, 4.3.4, 4.3.5, 4.4.5, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Contract Sum, Definition of 9.1 Contract Time 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1.3, 7.3, 7.4, 8.1.1, 8.2, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 61.2 Contractor's Construction Schedules 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contractor's Employees AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #3 2 3.32, 3.4.3, 3.8.1, 3.9, 3.182, 4.2.3, 4.2.6, 10.2, 10.3, 11. 1. 1, 11.4.7, 14.1, 14.2. 1. 1, Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.4.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.182, 5, 9.6.2, 9.6.7, 9.102, 11.4.1.2, 11.4.7, 11.4.8 Contractor's Relationship with the Architect 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 52, 62.2, 7, 8.3.1, 9.2, 9.3, 9.4, .5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Contractor's Representations 1.5.2, 3.5.1, 3.12.6, 62.2, 8.2.1, 9.3.3, 9.82 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4 .3.8,5.3.1,6.1.3,6. 10 Contractor's Review of Contract Documents 1.5.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 42.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.82, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1.2, 1.5.2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.11 Copyrights 1.6, 3.17 Correction of Work 2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 3.14.2, 6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, 11.4, 12.2.4 Damage to the Work 3.142,9.9.1,10 .2.1.2,10.2.5,10.6,11.4,12.2.4 Damages, Claims for 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6, 4.2.7, 4.2.11, 42.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1. 1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.3.1, 5. 1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 7.5.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Disputes 4.1.4, 4.3, 4.4, 4.5, 4.6, 6.3, 7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.3.5, 10.6, 14.1.1.2 Employees, Contractor's 3.32, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.4.7,14.1,14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2. 1, 102.4, 14.2.1.2 Costs 2.4, 3.2.3, 3.7.4, 3.8.2, 3.15.2, 4.3, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 9.10.2, 10.3.2, 10.5, 11.3, 11.4, 12.1,12.2.1,12.2.4,13.5,1 Cuttin and Patching Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3, 3.4, 3.5, 3.7, 3. 10, 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.12, 3.14, 4.2.2, 4.2.3, 4.3.3, 6.2.2, 7.1.3, 7.3.4, 8.2, 9.5, AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #4 c 9.9.1,102,10.3,12.2,14.2,1 Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Failure of Payment 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4,10.3, 10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3. i7, 3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Injury or Damage to Person or Property 4.3.8, 10.2, 10.6 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3 .2.3,3.3.1,3.8.1,4.2.8,5.2.1,7, 12, 8.2.2, 13.52 Insurance 3.18.1, 6.1.1, 7.3.6, 8.2.1, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 9.10.5, 11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.4.3 Insurance, Owner's Liability 11.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2.5, 11.4 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.2.11, 4.2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Liens 2.1.2, 4.4.8, 8.2.2, 9.3.3, 9. 10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6, 13.7 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.10, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.10.4, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2,2.2,2.4,3.2.1,3.7. 3,3.10,3.11,3.125,3.15.1,4. 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3. 1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6, 3.12.1, 4.2.4,4.2.6,5.2.1, 9.3, 9.4.2,9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3, 10.5 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #5 Ir Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 4.4.8 Mediation 4.4.1, 4.4.5, 4.4.6, 4.4.8, 4.5, 4.6.1, 4.6.2, 8.3.1, 10.5 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Notice 2.2.1, 2.3, 2.4, 3.2.3, 3.3.1, 3.7.2, 3.7.4, 3.12.9, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Contractor's 1.5.2, 3.2, 3.7.3, 4.3.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.1.5 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2, 2.2, 32.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2; 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Owner's Authority 1.6, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17.1, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.15 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Payment, Final 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.6.4,9.6.7,9.10.3,11-4.9, 11.5 Payments, Progress 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to Iegal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20I.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #6 N 0 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Permits, Fees and Notices 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 4.3.3, 8.2, 9.8, 9.9.1, 14.1.4 Progress Payments 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 Project, Definition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 9.9.1,10..2,11.1,11.4,13.1, Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 13.4, 13.5.1, 13.5.2, 13.6, 14 Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1,9.62 ,9.8.5,9.9.1,9.10.2, Review of Contract Documents and Field Conditions by Contractor 1.5.2, 3.2, 3.7.3, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.25, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2, 10.6 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.6.4, 6, 8.3.1, 11.4.7, 12.1.2,12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2, 3.2.1, 3.3.3, 3.7.1, 4.2, 4.3.4, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3.17 Statute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 23, 4.3.6, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #7 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1, 14.3.2 Submittals 1.6, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Subrogation, Waivers of 6.1.1, 11.4.5, 11.4.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.7 Sub - subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.1, 9.4.2, 10, 12, 14 Surety 4.4.7, 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.6, 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.10, 14.1 Termination by the Owner for Cause 4.3.10, 5.4.1.1, 14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3,4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 7.5.1, 8.3, 95.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Time Limits 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3. 1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4, 8.3.1, 10.3 Unit Prices 4.3.9, 7.3.3.2 Use of Documents 1.1.1, 1.6, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 4.3.10, 9.10.5, 11.4.7, 13.4.2 Waiver of Claims by the Owner 4.3.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential Damages 4.3.10, 14.2.4 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 11.4.7 Warranty 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1.3 Weather Delays AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING_ Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution_ This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #8 4.3.7.2 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, Work, Definition of 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 1.1.3 - 13.3, 14 Written Consent Written Orders 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 14.3.1 Written Interpretations 4.2.11, 4.2.12, 4.3.6 Written Notice AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9110/2001 -- Page #9 ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements) . 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub - subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.3 Unless otherwise stated in the Contract Documents, words which have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20 LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #10 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C_ 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 615/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #11 Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. _ 2.2.2 Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven -day period give the Contractor a second written notice to correct such deficiencies within a three -day period. If the Contractor within such three -day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9110/2001 -- Page #12 carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S_ copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/512001. AIA License Number 100118, which expires on 9/10/2001 -- Page #13 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to bo into effect. 3.7 PERMITS, PEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling d allowance at the site, labor, installation costs, overhead, profit and other expenses contemplated for state amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9110/2001 -- Page #14 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawin Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution- This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #15 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #16 shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted bylaw and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and. limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one -year period for correction of Work described in Paragraph 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #17 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to_guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner'sreview and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #18 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either_ the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4 2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Delmition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. 43.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292_ WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #19 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiatin that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is Iegally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss 'of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Subparagraph 4.3.10 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #20 the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. 4.4.6 When a written decision of the Architect states that (1) the decision is final but subject to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.4.8 If a Claim relates to or is the subject of a mechanic'slien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbitration. 4.5 MEDIATION 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 ARBITRATION 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5, shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4.5. 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.6.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.4.6 and 4.6.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20 LOON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #21 institution of legal or equitable proceedings based on such Claim would be bared by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigat has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292_ WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20 LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #22 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner'sown forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner - Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewin their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Other until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution_ This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #23 their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 6.3 OWNER'S RIGHT TO CLEANUP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. • • AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S_ copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20 LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #24 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Chan Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N-W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U-S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page ##25 7.3.8 Pendin final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #26 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. 9.3.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #27 with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #28 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N-W., WASHINGTON, D.C_ 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #29 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/512001. AIA License Number 100118, which expires on 9/10/2001 -- Page #30 .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and pro grams in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor'sorganization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 HAZARDOUS MATERIALS AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #31 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attomeys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below_ Electronic Format A201 -1997 User Document: 97A20 LCON -- 6/512001. AIA License Number 100118, which expires on 9/10/2001 -- Page #32 employees; .4 claims for damages insured -by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses 11.1.1.2 through 11.1.1.5. 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph 11.1. 11.4 PROPERTY INSURANCE 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all -risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #33 otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. 11.4.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. 11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner'sproperty due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to ire or other hazards however caused. 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON — 6/512001. AIA License Number 100118, which expires on 9/10/2001 -- Page #34 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub - subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Paragraph 11.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub - subcontractors in similar manner. 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Paragraphs 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND 11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the by Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20 LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #35 the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Paragraph 2.4. 12.2.2.2 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 12.2.2.3 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothin contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the'Contract Documents. Establishment of the one -year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U-S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #36 a, , the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a -whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner'srights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely *notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's expense. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D-C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below_ Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9110/2001 -- Page #37 4. , the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of g overnment, such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents,; or .4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.4 If the Work is stopped for a period of 60 consecutive days through no actor fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #38 the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.3. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: 1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at anytime, terminate the Contract for the Owner's convenience and without cause. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201-1997 User Document: 97A20LCON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #39 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner'sconvenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D-C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 6/5/2001. AIA License Number 100118, which expires on 9/10/2001 -- Page #40 /S C. ) , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Orchard Park West 6th Addition E G DATE: October 2, 2001 Site Information: Applicant. Laurent Land Development Location: South of Vierling Drive and west of County Road 79 Current Zoning. Urban Residential (R -113) Zone Ad, jacent Zoning: North: Urban Residential (R -1B) Zone South: Urban Residential (R-113) Zone East: Urban Residential (R-113) Zone West: Urban Residential (R 1B) Zone 1995 Comp. Plan: Single Family Residential Area: Approximately 5 Acres MUSA. The site is within the MUSA boundary. CONSENT DISCUSSION: Laurent Land Development has made application for final plat approval of Orchard Park West 6th Addition. The proposed development is located south of Vierling Drive and west of County Road 79, and proposes the creation of 15 single family lots. The Preliminary Plat for this development was titled Orchard Park West 5 th Addition and was approved by the City Council in June 2000. The Final Plat is in substantial conformance with the approved Preliminary Plat. This final plat is not a part of the Orchard Park West Planned Unit Development (PUD) which was approved in 1997. ALTERNATIVES: 1. Approve Resolution No. 5585, approving the Final Plat of Orchard Park West 6 Addition subject to the conditions contained in the attached resolution. 2. Approve the Final Plat of Orchard Park West 6 Addition subject to revised conditions. 3. Do not approve the proposed Final Plat of Orchard Park West 6th Addition. 4. Table a decision in order to allow time for the applicant and /or staff to provide additional information. ACTION QUESTED: Offer approving Resolution No. 5585, A Resolution of the City of Shakopee approving the Final plat of Orchard Park West 6" Addition, subject to conditions, and move its approval. J ie Klima Tanner II g: \cc\2001 \cc 1002\fpopw6th. doc _ 1 I' I, ON 1� 1 1 11 1 WHEREAS, Laurent Land Development, applicant and property owner, has made application for final plat approval of Orchard Park West 6 Addition; and WHEREAS, the subject property is legally described as follows: That part of the Southwest Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota, lying westerly and northerly of the westerly and northerly right -of -way lines of Minnesota Highway Right -of -Way Plat No 70 -2, described as follows: Beginning at a point on the east line of said Southwest Quarter distant 990.58 feet north of the southeast corner thereof; thence deflecting left 90 degrees a distance of 554.50 feet (Point A): thence deflecting right90 degrees a distance of 400. 00 feet (Point B); thence deflecting right 90 degrees 554.50 feet to said east line of the Southwest Quarter (Point C); thence southerly, along said east line of the Southwest Quarter a distance of 400.00 feet to said point of beginning . WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on June 8, 2000; and WHE REAS, all required public notices regarding the public hearing were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard; and WHEREAS, the City Council reviewed the final plat request at its meeting of October 2, 2001. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE Cri", OF SHAKOPEE, MINNESOTA, as follows: That the final plat of Orchard Park West 6`" Addition is approved subject to the following conditions: 1) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of the required public improvements: (i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission (iv)Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. (v) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. (vi) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's Fee Schedule. (vii) Park dedication payments shall be required in the amount of $1500.00 per lot and shall be payable prior to the recording of the Final Plat. (viii) The developer shall pay existing levied special assessments. iii) Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Building Official and Shakopee Public Utilities, prior to construction. iv) The developer shall provide easements, as required by City Code. v) Demolition permits shall be obtained from the City of Shakopee to remove any existing buildings on site. vi) The applicant shall work with the City's Director of Natural Resources to provide a blend of berming and the existing trees on site along the north, south and east boundaries of the plat. 2) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. THEREFORE, BE IT FURTHER SOLVED, that approval of the final plat of Orchard Park West 6''' Addition does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee II1 Y �.Y1;1A 1 1 1 M 4 I nl LZ JVIvJ(�IJ IL 1 IJ �a P t • � OB Ialnl I IrlrlV IvVlilvv v I I 1I •n•n• I 1 ^1 AA \1 \IV I �� 1vJIYt i I(1 v C� 4 n\ IvLJ n v(_l v I I m I 1 a i..11 1 --- :! , A\ IvLJ o° 1 V V I _J_ _j \(1 v I I 1 _l AA AA n n\- .111A1 1 L 1 IYt Y1VV V_:jY1 JI I-I- -9 U Cj C� I I I V VVC! /`1_1 VI IV ♦l 9, . - $ '' ` /l�_fl / nal ItJi I vAA 1n 1 LJC \I \I IvAALJC\ILJ CZ 30NYN Ylt dRISWOI vl n ^1a lalilAI 'ZtN0t103SlON31NYno N V �/ V c_ - \/ I V 1 V I C, /\ V/ Y t J V 11 I./ I C /\ V I V t I I\../II I ,; V i V .: J I It 1 v( r I dS3AH/1105 3H1 !0 3Nn 1SY3 -, 00'OOt 3.SS,44005 ---------------- �'------------------------ ------ --- --- -- ------- - - --- ----,T. �"" --- "� --1 - - � /1 / I', • /,a I ( V'1 I vAA I/1 I LJC�I� 1 I vAA LJC \I LJ `,_ v 1 /'� ^ 1' alai IIAI L l /6_ :I VIV .A_V IC, / \V /YI _jV 11 1♦ /((] / \VIY \I I. /II I VJ_V v_j `,IVINIY9 -- R 'ON g' 1 Z-OL 1Vld AVM !0 111'JI8 AVMH0IH V10S3NMn n' I O W 0 W W IA V) �I �i GIs V e O N L'i I I vl o p o t7 N = = Z P'/1 in C fi f Z V� " 0 < 2 a a 0 ^ &Z W a0 = y�1 0 Zj O � t{ N �,�y <1 00 I NZ WZ �� ::) #7 yy1� m0>y Z I Z O n I O �+1 y .l X V) co c Z 2 1 p N 0 LU O5_NW W a 01- , IiZ�21= <0Z< g r a ou w F' Z) �f 0 O U N I in=OW �yW.-W � �I I 4 _ 4 I nl LZ JVIvJ(�IJ IL 1 IJ �a P t • � OB Ialnl I IrlrlV IvVlilvv v I I 1I •n•n• I 1 ^1 AA \1 \IV I �� 1vJIYt i I(1 v C� 4 n\ IvLJ n v(_l v I I m I 1 a i..11 1 --- :! , A\ IvLJ o° 1 V V I _J_ _j \(1 v I I 1 _l AA AA n n\- .111A1 1 L 1 IYt Y1VV V_:jY1 JI I-I- -9 ® Cj C� I I I V VVC! /`1_1 VI IV ♦l 9, . - $ '' ` /l�_fl / nal ItJi I vAA 1n 1 LJC \I \I IvAALJC\ILJ CZ 30NYN Ylt dRISWOI vl n ^1a lalilAI 'ZtN0t103SlON31NYno N V �/ V c_ - \/ I V 1 V I C, /\ V/ Y t J V 11 I./ I C /\ V I V t I I\../II I ,; V i V .: J I It 1 v( r I dS3AH/1105 3H1 !0 3Nn 1SY3 -, 00'OOt 3.SS,44005 ---------------- �'------------------------ ------ --- --- -- ------- - - --- ----,T. �"" --- "� --1 - - � /1 / I', • /,a I ( V'1 I vAA I/1 I LJC�I� 1 I vAA LJC \I LJ `,_ v 1 /'� ^ 1' alai IIAI L l /6_ :I VIV .A_V IC, / \V /YI _jV 11 1♦ /((] / \VIY \I I. /II I VJ_V v_j `,IVINIY9 -- R 'ON g' 1 Z-OL 1Vld AVM !0 111'JI8 AVMH0IH V10S3NMn n' ,: -. -- .40 3Nn AVM !0 1H01N A1N31S3Y--- - - - - -- 00 3„ SS,bf,00S '', i ...... q V 4 I nl LZ JVIvJ(�IJ IL 1 IJ �a P t • � OB Ialnl I IrlrlV IvVlilvv v I I 1I •n•n• I 1 ^1 AA \1 \IV I �� 1vJIYt i I(1 v C� 4 n\ IvLJ n v(_l v I I m I 1 a i..11 1 --- :! , A\ IvLJ o° 1 V V I _J_ _j \(1 v I I -9 ® Cj C� I <C I E - I Ld e` Mo -- C� I ;� c r q V �I �i GIs V e I r� 6 J in C 4 I nl LZ JVIvJ(�IJ IL 1 IJ �a P t • � OB Ialnl I IrlrlV IvVlilvv v I I 1I •n•n• I 1 ^1 AA \1 \IV I �� 1vJIYt i I(1 v C� 4 n\ IvLJ n v(_l v I I m I 1 a i..11 1 --- :! , A\ IvLJ o° 1 V V I _J_ _j \(1 v I I CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Orchard Park West 6th Addition MEETING DATE: October 2, 2001 DISCUSSION: At the suggestion of City Staff, Laurent Development has consulted with the Scott County Recorders Office regarding the name of Orchard Park West 6 Addition. The Recorders Office has noted that the proposed name is not acceptable. Therefore, Laurent Development is suggesting a name change to APPLE WAY ADDITION. Please find attached to this memorandum a copy of the revised resolution including the revised name. This development is not a part of the Orchard Park West PUD but is however, consistent with the preliminary plat approved for this parcel. ALTERNATIVES: 1. Approve Resolution No. 5585, approving the Final Plat of Apple Way Addition subject to the conditions contained in the attached resolution. 2. Approve the Final Plat of Apple Way Addition subject to revised conditions. 3. Do not approve the proposed Final Plat of Apple Way Addition. 4. Table a decision in order to allow time for the applicant and /or staff to provide additional information. ACTION QUESTED: Offer approving Resolution No. 5585, A Resolution of the City of Shakopee approving the Final Plat of Apple Way Addition, subject to conditions, and move its approval. f 1 u lie Kli Planner II 0: \cc\2001 \cc 1002\fpapp leway. doc WBEREAS, Laurent Land Development, applicant and property owner, has made qplication for final plat approval of Apple Way Addition; and S; the subject property is legally described as follows: That part of the Southwest Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota lying westerly and northerly of the westerly and northerly right= of-way lines of Minnesota Highway Right -0f -Way Plat No 70-2, described as follows. Beginning at a point on the east line of said Southwest Quarter distant 990.58 feet north of the southeast corner thereof,• thence deflecting left 90 degrees a distance of 554.50feet (Point A): thence deflecting right 90 degrees a distance of 400.00 feet (Point B); thence deflecting right 90 degrees 554. 50 feet to said east line of the Southwest Quarter (Point C); thence southerly, along said east line of the Southwest Quarter a distance of 400.00 feet to said point of beginning . VVMREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on June 8, 2000; and WBEREAS, all required public notices regarding the public hearing were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard; and WHEREAS, the City Council reviewed the final plat request at its meeting of October 2, 2001. (v) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. (vi) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's Fee Schedule. (vii) Park dedication payments shall be required in the amount of $1500.00 per lot and shall be payable prior to the recording of the Final Plat. (viii) The developer shall pay existing levied special assessments. iii) Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Building Official and Shakopee Public Utilities, prior to construction. iv) The developer shall provide easements, as required by City Code. v) Demolition permits shall be obtained from the City of Shakopee to remove any existing buildings on site. vi) The applicant shall work with the City's Director of Natural Resources to provide a blend of berming and the existing trees on site along the north, south and east boundaries of the plat. 2) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. Mayor of the City of Shakopee Please Note: The colored sheet has been added to the original memo. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Discussion of Sarazin Street and Valley View Road DATE: October 2, 2001 INTRODUCTION: This item is to consider the results on an informational meeting with property owners on the Sarazin Street and Valley View Road Project and provide staff direction on how to proceed with this project. BACKGROUND: On April 3, 2001 a public hearing was held on the Sarazin Street, from Mooers Avenue to Valley View Road and Valley View Road, from Sarazin Street to the east plat line of Pheasant Run 6 ffi Addition. Council directed staff to conduct a benefit appraisal analysis on the assessments and this analysis was presented to Council on August 9, 2001. An informational meeting was held on August 28, 2001 with the property owners to discuss the results of the benefit appraisals. From this meeting, the residents asked if they could write letters to City Council on their position with the project and several of the residents have met and have submitted a letter with their concerns. Also an individual letter was received from Jesse and Dawn Kahnke and Betaseed, Inc. on this project. These letters are attached for Council review and consideration. This project is for the construction of City collectors, being Sarazin Street and Valley View Road, with the sidewalk and trail and also to provide municipal utility services such as sanitary sewer, watermain and storm sewer to this area. The property owners were mailed the benefit appraisal analysis numbers for each of their properties. In the informational meeting, this appraisal was discussed along with details of the project. At this time, most of the property owners believe that the project is inevitable. They would like to see the City consider either paying for more of the project costs or provide some more favorable terms on assessments to allow them to develop their property and gain the assessment benefit. The letter that is attached is a summary of the major points for the residents concerns. Staff would like to summarize the concerns as follows: • Three of the parcels in the limited benefit appraisal analysis did not have the benefit amount as the projected assessment total. These three parcels were ones that in staff's opinion could not be subdivided further and thus the benefit gain was not as great as others. These parcels are the O'Loughlin, Berg and Fonder parcels. • Many of the residents believe the City should extend the term of the assessment from a 10 -year period to a 20 -year period and allow zero percent interest on their assessment until either the property is sold or subdivided. • Many of the owners felt that they should not have to hook up to City services until their current systems fail or they sell or develop their property. In one such case, the Kitty and Terry Hauer parcel, they have an extremely long length to serve their household and would desire not to hook up until their land is developed. • Some other parcels that could remain in green acres would still desire to have that green acre status. Staff has consulted with the City Attorney and attached is a memo to the City Council on what is legal for deferments for assessments and how this deferment can be done if the City Council allows one. Staff believes it is appropriate to discuss the results of the informational meeting and the letter submitted to the City Council, and take some public testimony in regard to this project and provide direction on how to proceed with this proj ect. The direction that we need from the City Council is: (1) whether they would like staff to proceed with discussing these options with the property owners; (2) would interest be charged on any deferrals; and (3) what events would trigger the deferred payments to become due. Council Member Sweeney previously raised a question as to whether the City could put the question of whether to build this segment of Valley View Road to the voters. The City Attorney advises us that state law prohibits municipalities from calling special elections unless a state law specifically authorizes an election for that particular purpose. There is no statutory authority for calling a special election on whether to construct a street. ALTERNATIVES: 1. Discuss the information and requests from the property owners associated with this project and provide staff direction on how to proceed with this project. 2. Table for additional information. Staff recommends Alternative No. 1, to discuss the various letters that have been submitted and look at the conditions that are being requested and provide direction on whether or not to proceed with this improvement project. ACTION REQUESTED: Offer a motion providing staff direction on how to proceed with the Sarazin Street and Valley View Road Project. Bruce Loney Public Works Director BL/pmp VVIEWROAD TO: Bruce Loney FROM: Jim Thomson, City Attorney DATE: September 27, 2001 RE: Special Assessments for Valley View Road Project You have asked for advice with respect to the options that are available to the City Council with respect to the assessments for the Valley View Road project. In particular, you have asked me to address what options might be available to defer assessments on properties that are not yet ready for development or where property owners are not interested in developing their properties. In general, the City Council has the following four options with respect to deferral of special assessments: 1. State law governs the deferral of payment of levied special assessments. These statutory provisions apply when special assessments are levied and the property owner requests that payment be deferred. The deferral mechanism that would most likely be available in this situation would be the deferral for "unimproved property." This deferral mechanism allows payment of the first installment to be deferred until a designated future year, until the property is platted, or until improvements are constructed on the property. The maximum deferral period is 30 years. The deferral may be based on terms, conditions, criteria and standards established by the City Council. State law authorizes cities to establish an interest rate for payments that are deferred or to forgive interest entirely during the deferral period until December 31 of the year before the first installment is due. 2. Another option would be for the City Council to defer levying special assessments on certain parcels until a future time. In contrast to option #1, the special assessments would not be levied until a future date. Nothing in state law specifically authorizes this procedure, but the City Council has the legislative discretion to do so. The conditions under which the levying of special assessments is deferred can be determined by the City Council. The only significant advantage to a property owner to this option over option #1 is that it is available even if the property cannot qualify for the statutory deferral for "unimproved property." 3. In lieu of levying assessing on some of the parcels now, the City could agree with the property owner that the amount of the special assessments would be paid as "hook -up" fees at the time the property is connected to sanitary sewer and water. The details of such a procedure would need to be worked out between the City and the property owners. This option is not available for any portion of the JJT- 203601v1 SH155 -23 project, such as the roadway improvements, where there is no "hook -up" involved. 4. A fourth option exists with respect to the sanitary sewer, storm sewer and watermain portions of the project. State law allows a municipality to later levy additional assessments to reimburse itself if a portion of these project costs are initially paid from ad valorem taxes, or from other city revenues or funds. The additional assessments can be levied on properties that abutted the project but were not initially assessed for the project. If a municipality intends to use this process, it must so notify the property owners at the time of the initial assessment hearing. This option is not widely used because it involves two assessment hearings, which can complicate the assessment process. Although care must be exercised to ensure that similarly situated property owners are treated similarly, the City Council can "pick and choose" the options to suit the City's needs and the needs of the individual property owners. For example, property owners who are planning to develop their property immediately probably do not need any of these options. Property owners who are not planning to develop their properties until some future time might be interested in option #1. Property owners who say that they will never develop their properties might be interested in option #3. My recommendation is that we focus on options land 3 as much as possible. To the extent that option #1 does not work for a particular parcel of land, we can look at the possibility of using option #2. Option #4 is not a very practical or workable one. The direction that we need from the City Council is: (1) whether they would like staff to proceed with discussing these options with the property owners; (2) would interest be charged on any deferrals; and (3) what events would trigger the deferred payments to become due. JJT- 203601v1 SH155 -23 Mess ner t • . In Valuation Consultants I June 29, 2001 City of Shakopee Engineering Department 129 Holmes Street South Shakopee, MN 55379 ATTN: Mr. Bruce Loney (952) 895 -1205 FAX (952) 895 -1521 'kE Appraisal, Summary Report 'Special Benefit to Nine Properties Located Along Valley View Road Shakopee, Minnesota Dear Mr. Loney: At your request we have m - : :W limited appraisal of thhe functio p oned this a� sal i s t purpose of estimating their -: ci]rrent market value. T determine the market value of special benefit to subject properties, resulting from a proposed street improvement project. This Limited Appraisal is intended to comply with the Uniform Standards of Professional Appraisal Practice, (USPAP), of the Appraisal Foundation and the Standards of Professional of Practice of the Appraisal Institute. The analysis of this report is limited in b the scope be data researched and the depth of analysis. An app g depth In are o this performed bean al we have invoked the Departure Rule of USPAP r In broad term s we have Limited Appraisal, ve departed as follows: The scope of research and depth of analysis are not sufficient to be considered a complete appraisal. This appraisal is presented in a Summary reporting format, as y d scussons of he data and R 2 - 2(b). As such, this report p Y summary analyses used in the appraisal phis a s have been retained n our an file�cumentation concerning the data and analyses o f TWIN CTTIES OFFICE: ROCHESTER OFFICE: Skyline Square Building, Suite 220 (507) 252 -1615 12940 Harriet Avenue South P.O. Box 7343 Burnsville, MN 55337 Rochester, MN 55903 In order to estimate the value of special benefit, we have estimated the market value of the subject properties in both their before and after conditions. The difference between the before and after values indicate the value of the special benefit resulting from a proposed street improvement project. The subjects consists of nine properties which are predominantly single family building sites of one to six acres in size. In the before condition, the properties front a gravel road and are served by private well and septic systems. In the after condition, Valley View Road will be a bituminous surfaced roadway with concrete curbing and inground storm sewer. Municipal services of sanitary sewer and water may also be installed. We have also valued the subject properties in the after condition without municipal services being extended. It is generally considered that the benefit of street improvements run to the land. As such, only the land value has been estimated in both the before and after:`nnditions. We were unable to obtain the condition of the private well and the sanitary seer each parcel. For this analysis we have assumed that these existing systems on prove.. s are currently functional and generally of an age similar to the age of the bufl ii g_impe ments on site. This appraisal report includes multiple parcels-i'zi;�der one cover. The report format presents the general data involving all parcels, the ritiarket i?i d the proposed project information in the r .... front of the report. Application of .the an ...... fsto each individual parcel is then illustrate later in the report. = Based upon the inspection of jecj :iproperties, and consideration of the many factors influencing market value, _i -s ut"ap pion that the subject's most probable market values, as of June 1, 2001 are as foil*': Indicated for Benefit of gr�bminous Street Surface, Curb & Gutter, Storm Sewer and Municipal Water/ Sanitary Sewer — Parcel No. Owner - Market Value - After Condition Before Condition Indicated Special Benefit 1 O'Loughlin $ 65,000 $ 50,000 $ 15,000 2 Smith $ 119,000 $ 57,000 $ 62,000 3 Hennes $ 129,000 $ 65,000 $ 64,000 4 Huth $ 139,000 $ 65,000 $ 74,000 5 B erg $ 80,000 $ 65,000 $ 15,000 6 Fonder $ 80,000 $ 65,000 $ 15,000 7 Schultz $1,367,000 $716,000 $ 651,000 8 Kahnke $ 233,000 $137,000 $ 96,000 9 Larsen $ 424,000 $182,000 $ 242,000 Total Estimated Special Benefit $1,234,000 Patchin Messner Appraisals, Inc. Indicated Benefit of Bituminous Street Surface, Curb & Gutter and Storm Sewer — Market Value Fronting A Market Value Indicated Parcel Bituminous Fronting A Special No. Owner Road Gravel Road Benefit 1 O'Loughlin $ 60,000 $ 50,000 $ 10,000 2 Smith $ 67,000 $ 57,000 $ 10,000 3 Hennes $ 75,000 $ 65,000 $ 10,000 4 Huth $ 75,000 :$ 65,000 $ 10,000 5 Berg $ 75,000 :: €€ $ 65,000 $ 10,000 6 Fonder $ 75,000 `:x:::65,000 $ 10,000 7 Schultz $746,000 ' -,;; ?: $76,000 $ 30,000 8 Kahnke $147,000 $137,000 $ 10,000 9 Larsen $192 €::; ` $182,000 10 000 Total Estliria d Spe cial Benefit $110,000 It should be noted that th'fett? :los:not qualify as an appraisal, and the reader is directed to the following report fa the sup or�ing data, analyses and conclusions. The "Contingent and Limiting Conditions" §E_ t_ o :: -f this report should be thoroughly read and understood before relying on any informs €�ri analyses presented herein. The undersigned appraisers hereby certify that we have investigated all information believed to indicate the market value of the subject property. To the best of our knowledge and beliefs, the statements contained in this report are correct, subject to the limiting conditions set forth herein. If you have any questions or comments after reading this appraisal report, please feel free to contact us at your convenience. Certified to this 29th day of June, 2001 PATCHIN MESSNER APPRAISALS, INC. Jeffrey L. Warfield, MAI Minnesota Certified General License #4001304 Jason L. Messner, MAI Minnesota Certified General License #4000836 Patchin Messner Appraisals, Inc. BETASEED K 1vi, Betaseed, Inc., 1788 Marschall Road, P.O. Box 195, Shakopee, MN 55379 -0195, USA ® Telephone: (952) 445 -8090 Fax: (952) 496 -0205 September 21, 2001 Shakopee City Council 129 Holmes Street South Shakopee, MN 55379 -1351 Re: Proposal By Valley View Road Property Owners Dear Council Members: SEP 2001 Betaseed, Inc. is aware of the proposal by the Valley View individual property owners asking for more favorable terms related to proposed assessments resulting from the planned improvements to Valley View Road. Betaseed supports some form of equitable relief for the individual property owners who will be financially impacted in a significant manner by the currently proposed assessments. Although Betaseed is being affected by the developments which are driving the road /service improvements, we recognize that this growth is inevitable, and we are appreciative of the City's efforts to work with us on road planning issues so we can continue to operate at our Shakopee location. The proposed assessments will be a significant cost for Betaseed as well, but being a commercial entity, Betaseed is willing to pay its assessment as currently proposed according to the payment terms proposed by the City. Similarly, we believe the subdivision developers are the most significant direct beneficiaries of the road improvements and that they can and should expect to pay their proposed assessments according to the payment terms proposed by the City. We ask that you give consideration to the individual property owners' proposal for improved terms related to payment of assessments. Sincerely, E! Joq Dahmer P{ esi ent ShakSuppValleyView cc: Bruce Loney, Public Works Director, City of Shakopee Don Weaver, CFO, Betaseed, Inc. Property Owners Considerations To Be Granted Property Owners After speaking with all of the named property owners, it became clear that there are some separate and some common concerns and considerations. Everyone sees the project as inevitable, but not really needed by us. Most see that there will eventually be benefit to them, but they feel that the city also gains hugely from property tax base as land develops. Therefore, most owners feel the city should shoulder a Iarge part of the assessments. Most owners also feel a need to ask for terms on assessments in order to ease the hardship. These are: 0% interest for 20 years or Point of Sale. Allow owners with more than one lot to pay a portion of the assessment as lots sell. (ex: owner sells one of 5 lots and pays 20% of the assessment). Owners do not to have to hook up to services until current systems fail, they sell, or when they develop. One or two owners expressed interest in staying in or enrolling in the Green Acres program. Most owners feel the "20 -year sunset clause" was needed, but that they would have the assessment paid up long before then. 11 1 1111115i 111 C O 'Laughlin — They specifically feel the City should pay two- thirds of the owners should pay one - third. They also want to re- emphasize the 0% interest hie to the extreme length of their driveway, they will hook up when their In order to develop their property, access needs to be granted to the erty. Due to the traffic traveling south on Sarazin and southeast on necessary for the city to plant spruce trees on the Huth property in shinin onto their house and property. 3� y �L 2 s � s x � M r. Mayor and fellow city council members: We know the city of Shakopee has enough tax revenue in reserve to cover the entire cost of this project_ W e have all been paying taxes for numerous years. There are also other ways to fund it such as having the developer pay the actual true percentage of the true cost, or do a city wide tax bond. Since the current 9 residents along Valley View Road are NOT the sole, or primary beneficiaries of paving the roadway. This point was proven when on 10 -4 -94 City Council voted to reverse its original decision and allowed the barricade at the intersection of Pheasant Run and Valley View to be removed. This was in response from complaints from the residents of Pheasant Run not having access. At that time it was decided opening the bar rcades was for the benefit of the residents of Pheasant Run, along with school bus access, police, and fire etc..., therefore the Cifiy of Shakopee has benefitl With the above in mind would be willing to help fund the Valley Vlelr; Road project under the following termns: 1. We would be willing to pay the stated $10,000.00 per property owner, over n7rc with '- it ' i Fe =ta-: u yen-.., ith a n.. -IN T _! EES; payment plan. 2. n n rnm minding t^ i non the c^iv^ side of Valley View Road out of MUSA indefinately. IT in ;nne TI; ur any o* me .,J rrent 9 properties :n question, w:sn to d evelop they'NOUId come b C;it'y Cou ncil to petition at that time of i ndiv—i ual property deveiopment They would then pay for hook up at that time. This is a t1 �r+11N situation fcr ALL property o ;M.ens an the city gets funding for road' * :ay and avoids any legal entanglements- This would allo.;e us to remain a buter against higher density housing. This would also prevent current residents from being evicted from their homes, and being forced to develop their properties, es ly those who may NEVE=R want to develop their properties. Cr take pride in having a small piece of the !"M- - scan Dream. k e hale all .. hard to obtain o homes, we do not'rrant to loose tI:errn. The City of Prior Lake has done this sections of its boundarl to allow residents to develop their properties as they chose, so no -one was forced from their homes. It has worked out well for tnem. it would also wor for Shakopee. Please have some co mpasion for us, and do not fc,me us from our ho!^,es the prop accessmenfIZ CT aten (61 tn l e tter da T ar4V 8 -15-01. Thank -You, Jesse & Dawn Kahnke CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Ordinance No. 614 An Ordinance Pertaining to Vehicle Parking Restrictions And Amending Section 9.50 of the City Code DATE: October 2, 2001 INTRODUCTION: Attached is Ordinance No. 614, an ordinance pertaining to vehicle parking restrictions and amending Section 9.50 of the City Code, after direction from the City Council at the September 18, 2001 City Council meeting. BACKGROUND: At the September 18, 2001 City Council meeting, the City Council considered several alternatives in revising the ordinance that regulates parking during snow removal periods in the City of Shakopee. After much discussion, the City Council directed staff to utilize Alternative No. 5, with a combination of Alternative No. 2, so that there would be two areas within the City of Shakopee one having calendar parking restrictions and the other having no parking restrictions during the winter period of November 1 through March 31. City staff and the City Attorney have worked together to revise Ordinance 9.50, which accomplishes the Council direction. In this ordinance, the area defined that would allow calendar parking is described as the area west of Marschall Road, north of 10 Avenue and east of C.R. 69 to the Minnesota River. This area would be allowed to have calendar parking based on an odd and even address and odd and even calendar days. This ordinance provision means that on one side of the street during the winter months, in this area, parking is allowed on one side of the street. Two exceptions in this area that currently exists in the current ordinance is in the Central Business District and along 2nd Avenue, from Sommerville Street and Naumkeag Street. Staff is recommending no change in these regulations at this time. In the other areas of City, outside of the area described previously, parking restrictions between the period of November 1 and March 31 would be that no parking would be allowed on City streets between 2:00 A.M. and 6:00 A.M. In addition to these parking restrictions, during November 1 to March 31, a snow emergency which is defined as a snowfall of 2" or more, the parking restrictions described in this revised ordinance would still be in effect until the street or alley has been plowed. It should be pointed out to City Council that this revised parking restriction has not been publicized in the local newspaper, thus these changes that City Council has been considering may not be widely known to the public. The Council can consider adopting this ordinance at the October 2, 2001 meeting or delay this adoption until October 16, 2001 after a news article has be published on the proposed changes. ALTERNATIVES: 1. Adopt Ordinance No. 614, an ordinance pertaining to vehicle parking restrictions and amending Section 9.50 of the City Code. 2. Delay the adoption of this ordinance to the October 16, 2001 Council meeting until the public has had a chance to respond. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Ordinance No. 614 and publish this ordinance so that the public can be informed of the new restrictions to this coming snow season. ACTION REQUESTED: Offer Ordinance No. 614, An Ordinance Pertaining to Vehicle Parking Restrictions and Amending Section 9.50 of the City Code and move its adoption. Bruce Loney Public Works D7ector BUpmp ORDINANCE ORDINANCE NO. 614 AN ORDINANCE PERTAINING TO VEHICLE PARKING RESTRICTIONS AND AMENDING SECTION 9.50 OF THE CITY CODE The City of Shakopee Ordains: Section 1. Section 9.50, Subdivision 2 of the Shakopee City Code is amended to read as follows: 1-' '-- •- -' -- - 1_1_ _ 1 11 - • - 11 1 1 : • \/! k -- _ • . - " • - t B B_ _ _'• November 151h a arid _ • t • • - - •d "111` is • • 1 •. -•. on •• November 1 1' of endh y - -ear -, may - - ve on any p WIMMIM ! " - - t ■11 • - - • . • . • , • 1 1.11 _ • • Mi nnes at2 R M16 OF MGM WHIMAMM0111 2700 g a ./• • • 11 a a. except fbat on - -• • •••- MIMIRLUJIMmIlligs day3peiiod vehideparking i is allowed d B B_ _ _'• November 151h a arid _ • t • • - - •d "111` is • • 1 •. -•. on •• November 1 1' of endh y - -ear -, may or - - standing a v ve on any p public s st or • -• west o Dark o Mi nnes at2 R River •-.. - -n 2 2700 g a ./• • • 11 a a. except fbat on - -• • •••- rgle-ndar d day3peiiod vehideparking i is allowed d dining t this time on fhe eye 2ddress s sides of public, streets, a and alleys JQyated i in this area, and on odd-numbered da ehicle parking i is allowed • • r1• t t his t on the odd-numb cal endar r - ( ;q sides oLpii a and . - in t this are M - • weat condit • .1 d CUTIffinte in effect Mrt ale s MIT - i vadvva y h as been •.• • - d otreinoved to 1 - ftr W • • - o•• ••. 1 -• • From November 1 St of m6h y St - enrthroudMarch1l of the following year, no peTson Tng3� :park or leaye. standing a vehicle, an either side of Second Ave 'hetween Sec. 2. Section 9.50, Subdivision 3 of the Shakopee City Code is amended to read as follows- 1.1 P Ho U the C entral %siness Di str i ct , ►..•\J 1 .11 /_ n other Tgov Sec. 2. Section 9.50, Subdivision 3 of the Shakopee City Code is amended to read as follows- 1.1 P Ho U the C entral %siness Di str i ct , ►..•\J 1 .11 /_ n other Tgov following streets in the Central Business District between 2:00 A.M. and 6:00 A.M. an any da,-,L of the ye ar : to -wit: Second Avenue, First Avenue and Levee Drive between Sommerville and Fuller Streets, and Lewis Street, Holmes Street and Fuller Street between Second Avenue and Levee Drive. Sec. 3. Section 9.50, Subdivision 7 of the Shakopee City Code is amended to read as follows: Subd. 7. Towing. Persons in violation of the parking restrictions outlined in this Section and parking on designated snow emergency routes, shall be tagged and subject t o h .in towed at their own expense. be tagged mid siiaff havelvul IIVLUb fi the time tire citation is issued to remove their vefficir, or be stfbject to tow at their own c�Tcnse- Sec. 4. Section 9.50, Subdivision 8 of the Shakopee City Code is amended to read as follows: �•- ••. n one I.• • •- • �•• - • ••� •- •- •• • ••. -••- • -• • •- �► .••• • •. • •• •- •• u. •. • 'r h 11 •• •• 01611 MIMI B. The following streets sirafibe am designated as snow emergency routes: Fourth Ave. from Fuller St. to County Road 83 Harrison St. from Third Ave. to Sixth Ave. Fuller St. from First Ave. to Fourth Ave. and Sixth Ave. to Trunk Highway 169 Market St. from First Ave. to Tenth Ave. Scott St. from First Ave. to Sixth Ave. Shakopee Ave. from Tenth Ave. to Eleventh Ave. Sixth Ave. from Holmes St. to Tenth Ave. Spencer St. from First Ave. to Tenth Ave. Tenth Ave. from County Road 69 to Shakopee Ave. Third Ave. from Harrison St. to Fuller St. Twelfth Ave. from Adams St. to Taylor St. Vierling Drive from 12th Avenue to Fuller Street Vierling Drive from County Road 15 to Taylor St. Preserve Trail, from C.R. 18 to Stagecoach Road Stagecoach Road, from Preserve Trail to C.R. 101 Southbridge Parkway, from C.R. 18 to Windsor Lane 17th Avenue, from Weston Lane to V2 Mile East of Sarazin Street Taylor St. from Vierling Drive to 12th Ave. JJT- 203441v1 2 SH155 -23 Holmes St. from 4th Ave. to 6th Ave. 12th Ave. from Vierling Drive to Valley Park Drive Valley Park Drive from County Road 101 to 12th Ave. Sarazin St. from County Rd. 16 to Fourth Ave. St. Francis Ave. from Marschall Rd. to Sarazin St. Gon°nan Street from Fourth Avenue to M2rGCh2II React Sec. 5. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 1 2001. Mayor of the City of Shakopee ICIII& IA City Clerk JJT- 203441v1 3 SH155 -23 I�MO / D W 3 n n m n m ti ° O N -a ° m m N CD 0 n n N, a Z Z n p m Z N Z < o m m R CD < 00 Y m a � o- C ° CD D• X CD � ZU Oca N rt O p N 0 N o� 3 n� o n (D m ° a- n o < O o � N � �S n pCn n O ° p < n 4 ::S (D o O =Y 0 - 0 CD 0-aw CD C6 CD i \ ° LIB �Li oil ® 11E all s X111 all MME ii1 Olin III allla all milli oil ®iil 1 11� OIIIIA ilk ®■ Od 01 i� LILLLLIL �� will 11 III III IM �: III�111 SEEN MEN MEN 17 ` � ►rn �j►p low MRS M, mm WE am RM MKS A X11 �'��19' � ® � 1 ®1�lI��I�'� � �,► o, v v � �� I � � �. �I I� ■°� � 0 /j I X T7 T M Project Memo Submitted ................................................ ............................... September 28, 2001 Submit Mn/DOT Cooperative Agreement Funding Request ...... ........................October 24, 2001 Begin Easement Acquisition Process .......... ............................... .......................November 1, 2001 Submit Preliminary Bridge Plans ................ ............................... .......................November 3, 2001 Submit 95% Pathway Plans to Mn/DOT .. ............................... .......................November 16, 2001 Receive Preliminary Bridge Comments ............................... ............................... January 31, 2002 Submit Final Bridge and Pathway Plans to Mn/ DOT ........ ............................... February 22, 2002 Receive Certificate ............................................................. ............................... May 1, 2002 Receive Mn/DOT Final Plan Approval .................................... ............................... May 24, 2002 City Council Plan Approval Authorization to Bid .................... ............................... May 28, 2002 Advertisefor Bids .................................................................. ............................... June 7 -28, 2002 Open .......................................................... ............................... ........................... July 6, 2002 Mn/DOT Final Contract Approval .......................................... ............................... August 2, 2002 CityAwards Project ..................................... ............................... .........................August 13, 2002 • Begin Construction ............................................................... ............................... August 19, 2002 • Substantial Completion ................................................................... ............................... June 2003 F.- WPWIMl328- 00Troject Schedule and Financing.doc 1 Pedestrian / Bicycle Bridges and Pathways Revised 10/02/01 TH 169 at CSAH 17 and CR 79 S.P. 166- 090 -001 and 166- 090 -002 City of Shakopee 2002 2003 ID Task Name Feb i Mar Apr i May i Jun i Jul i Aug I Sep I Oct I Novi Dec Jan I Feb i Mari Apr I May i Jun I Jul i Aug I Sep i Oct I Nov I Dec Jan I Feb I Mari Apr i May i Jun 1 Notice to Proceed . 3/1 2 City Council Authorize project • 3/20 3 Project Documentation - Project Memorandum I I I 4 City Council Approves Project Memo • 9/28 5 Mn /Dot and FHWA Review and Approval II 6 Detail Design - Bridge and Pathway 7 Plan Review and Approval 8 30 % • 1 0/31 9 95 % _ • 1/31 10 Mn/DOT Review = I 11 - 100% _ .3/18 12 Mn /DOT Approval •5/1 1 3 Special Provisions 14 Cost Estimate I I -Il 15 Right of Way 16 Right of Way Certificate • 4/1 17 Permits 18 Pre Construction € I 19 State Aid Plan Approval i 20 City Council ApprovaVAuthorization to Bid _ .5/7 21 Ad for Bid = • l 22 Open Bids _ • 7/5 23 Mn /DOT Contract Execution 24 Construction Page 1 PEDESTRIAN BRIDGE CD w z� o 0 � i v - z ti w a 63" PRESTRESSED CONCRETE EEAM �- BEAM �- BEAM Construction Costs CSAH 17 Bridge and Pathway $475,000 CSAH 79 Bridge and Pathway $585,000 Total Construction Costs $1,060,000 Proiect Financin Federal ISTEA Fund (Secured) $ 711,360 Local Funds (City of Shakopee) $ 348,640 (not including LEAF costs) Possible Local Funding Sources 1. Mn/DOT Cooperative Agreements Not Determined 2. Scott County (Roadway Improvements on CSAH 79) Not Determined 3. Hennepin Parks Not Determined Additional Aesthetic Features 1) Fencing Ornamental Chain Link Fence ......................................................... ...................$16,800Bridge Ornamental Metal Fence ................................................................... ..................$29,000Bridge 2) Lighting .................................................................................................. ...................$10,000Bridge 3) Colored & Textured Bridge Deck ............................. ............................... .................$30,000 /Bridge 4) Landscape Shrubs, Trees, Etc . .................................................................................. $15,000Bridge 5) Entrance Monuments .................................... ............................... ............................Not Determined F. IWPWIM1318- OOIProject Schedule and Financing.doc Chain Link Fence Option • . ... .;, may t� a ��, i�� ' rte 's . � R 11 SHAKOPEE r ,r x� r �— ,. , .— 4, ...„,..44 s, iti ,,,.,..— . .... ,.. *,,ir ""• +.� --"° e 6 ..� ,, . ;Oiff✓ „; 4 0 a kTb'.,F �'q : ,�..nx�mnimmme� .menan —, nrno mmm� nn n nnmmm nn Dui m�� • , r M II S 1 Pedestrian Bridges over Trunk Highway 169 S'B at County Road 79 and CSAH 17 &A ss oc- Ornamental Fence Option ,-.f.. Plill w SHAKOPEE 1 . �� xkta ^ sr 3 . t 1 v1r r"�"��►�I�� ®�' + WI wfa...grA16. , 1111011t 4 p , ' ''' . , ,... . _...,.,...,,..„.............,......... _ _ . . ...,... . ... _ . . , , _ „ , . ..,, ...i.,, .,,„„,„„ ..„._ .._ . ,,. .,r_ , .... ...... ________._._.,::::...._.„....,,,,,„.. , , ,,.......„, ..,,,,,,,„,„,... , ... _............................_ _ ,.. ...„..„..„_., ..... _ .........._..._,......„ , rc. Pedestrian Bridges over Trunk Highway 169 W WSB at Count y & Assoc Road 79 and CSAH 17 ii... - • • E ABUT. E PIER I ORNAMENTAL LAM' POST E _ ABUT. CHAIN UNK IONE PER SUBSTRUCTURE) I CONCRETE I PEDESTRIAN FENCE ORNAMENTAL METAL SIDEWALK I I I I I PEDESTRIAN RAILING IIIIIIIIIIIIIIIIIV 'Illilllllllllllllllllllll �� IIIIIIIIIIIIIIIIIIIIIIIIII tEDE _ -_ - .. - � -.._.. _ ... IIIIIIIII IIIIIIIIII z FIXED ` ;FIXED \ I • O. 3 - SPAN 1 z E TH 169 E TH 169 _ SPAN 2 3 EXP. - 1 PROPOSED GRADE EXISTING AND PROPOSED GRADE 1 J , ..... it\ PROPOSED GRADE I I < < i / 12" DIA. C.I.P. ^U 1 �_ CONCRETE PILES J W /60 TONS CAPACITY I TYP. B ABUT.) PEDESTRIAN BRIDGE GENERAL ELEVATION 114' -g" _ VINYL CLAD CHAIN LINK PEDESTRIAN BRIDGE 6' -0" I 6' -0' _ 7' VINYL CLAD CHAIN PEDESTRIAN FENCE 'f // LINK PEDESTRIAN FENCE ITYP.I(GREEN) 3 -0' 1' - 0" 1 ITYP.) .. n LAMP POST 1 PROFILE GRADE DI I 4 _ �� 1 0" RICH I PARAPETS § - ', I CONC. CURB I 7F h Ot' /' 01'/ = • � I I _, I • I 63" PRESTRESSED � � C..._i...._ L CONCRETE BEAN BEAM WEST SIDE I I EAST SIDE LAMP POST PEDESTAL DETAIL 3 -4" I T' - B" ' -4" BEAM BEAM CONCRETE PEDESTAL TRANSVERSE SECTION FOR ORNAMENTAL E PIER #1 LAMP POST ITYP.) I 0 , g ,. A6UT1ENt BROOM FINISHED SLAB AAREA ITYP.I it -... CARPET DRUG y � = 1 SLAB AREA ITYP.) _ e - _ YORK LNG_ = _ - \ __ _ _____ LINE wP_'l l " _ pE TA 1 TEXTURED BRIDGE DECK LAYOUT Mem : Mayor & City Council Mark McNeill, City Administrator Loney, 1-TA Bruce •i Director ' 17 and ' • Pedestrian Bridge •r • g• Presentation ATE: October 2, 2001 This agenda item is intended to review the preliminary design for the C.R. 17 and C.R. 79 pedestrian bridges and also discuss aesthetic options, revised cost estimates, other funding sources and review the schedule with the City Council. On February 20, 2001, the City of Shakopee entered into a contract with WSB & Associates to provide engineering services for the pedestrian bridge design over T.H 169 at C.R. 79 and C.R. 17. The City has received Federal funding for the construction of these two pedestrian bridges as part of the TEA -21 funding program. At this particular point of the project design a project memorandum needs to be submitted to Mn/DOT on the proposed project. The Council had previously stated a desire to review the aesthetics of the proposed pedestrian bridges. Don Sterna, of WSB & Associates, will be present to discuss the basic option and aesthetic options for the pedestrian bridge design. In addition, Mr. Sterna will review with the City Council the revised cost estimate of the bridges based on cost estimates recently received funding source options for this project and review the schedule with City Council. The intent of this Council item is to review the status of the pedestrian bridge design, with the revised cost estimate, and schedule and ask for Council input on the design and any desire as to aesthetic options that they wish to see with this project. 1. Provide staff direction on the preliminary design for the pedestrian bridges over T.H. 169 at C.R. 17 and C.R. 79. rz r 2. Table for additional information. rE= 16 1 ORI )XV V Cox Staff recommen Alternative No. 1, to provide direction on aesthetic options, if so fesired, and provide other input to the project as Council sees fit I IM Approve a motion providing staff direction on any aesthetic options • not for the pedestrian bridges over T.H. 169 at C-R- 17 and C.R- 79. Bruce Loney Public Works Director BlJpnip PEDBRD:)GES � �¢ APPLEBI.OSSOM lA. — Proposed Bridge No. 70514 – S.P. 166-090-001 1217 LO R23W 131IF TI 151 78 RACE ERS PjNjpS F 9 L POND" tr W F - VQ<<EY � Num Figure r oject Location _ • Proposed Bridge No. 70536 S.P. 166-090-002 • u � � w n II u t � • • IVZ F� 0 i f PAIn LASS M, (L PEDESTRIAN BRIDGE 1 e V-.o 6`-0® CHAIN LINK i PEDESTRIAN FENCE .I TYP. I I PROFILE GRADE i CONCRETE PARAPET —� .010 '/' .010 V V-0 28 I ( I I I I I I I i I I I - I 3 , -0 ". I 8 ,_ 4 " I 3,-0" BEAM BEAM n _ z 63" PRESTRESSED CONCRETE BEAM j - 5- D, 3 Resolution No. 5591 A Resolution Requesting Funding From The Minnesota Department of Transportatil Through i "Municipal Agreement Program FY-2003" WHEREAS, the City of Shakopee wishes to construct two pedestrian pathway crossings of Trunk Highway ( 169; and WHEREAS, the City of Shakopee is requesting financial participation in the project from the Minnesota Department of Transportation OT) through the "Municipal Agreement Program FY- 2003 "; and WHEREAS, the City of Shakopee must commit to providing the local share of the costs if the project is selected as part of the "Municipal Agreement Program FY- 2003". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL F THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee is hereby requesting funding from Mn/DOT through its "Municipal Agreement Program FY- 2003" to construct two separate pedestrian bridge crossings and trail connections across Trunk Highway 169. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2001. Mayor of the City of Shakopee City Clerk H: \C0UNCIL\res5591.doc.rtf ® • V. T: Mayor & City Council Mark McNeill, City Administrator ]FROM: Bruce Loney, .! ic Works Director Presentation • i• c Study • r CSAH 17 by • • n; . it • Scott County Highway Department has been investigating the signal light intersections on CSAH 17 due to the number of accidents at these locations. This agenda item is for Scott County to present the status of the traffic study and the results of this study as of this date. Scott County Highway Department is conducting a traffic study along CSAH 17 at the three signal light intersections as follows: • CSAH 17 and 10 Avenue • CSAH 17 and CSAH lb • CSAH 17 and 4` Avenue The County has contracted with Short- Elliott- Hendrickson, (SEH) Inc. for the traffic study investigation at these intersections. SEH has conducted several scenarios of improving the intersection's safety and attached are the measures of effectiveness and intersection levels of service as well as an outline for the traffic study presentation. At the Council meeting, Scott County will present the traffic study analysis with a traffic simulation of various scenarios at the intersections previously listed. This presentation is being done to inform the City Council of the work done to date and the work yet to be done in order to provide a recommendation for a solution to the accident problems at these intersections. 1. Provide comments to the Scott • • •hway Department on - traffic study Avenue being conducted for the three signal light intersections on CSAH 17, from 4 • 10 0 ' Avenue. Table 2. Do not provide any commen to Scott County Highway Department at this time. 3. • additional • • r•,••r Staff recommends Alternative No. 1, for Council to provide continents to Scott Highway Department on the traffic study being conducted on CSAH 17, from 4 Avenue to 10 Avenue. BUpmp CSAH171NTERSECTIONS CSAH 17 Measures of Effectiveness • • • Shak wow 0 10th Avenue N nme �e�em� ASCOTT0103.00 Short Elliott Hendrickson Inc. 9/25101 EKE= Scenario 1 Scenario 4 Scenario 7 r EM 4th Avenue Existing Split on CSAH 17 Revised Geometrics and Scenario Prot/Permissive Lefts AM PM AM PM AM PM M Percentile Signal Delay 5.0 5.0 14.0 17.0 8.0 11.0 E (stveh) S Stops Per 0.46 0.42 0.74 0.91 0.42 0.54 Vehicle Stops 1150 1757 1866 3786 1301 2262 Average j 3 3 32 26 23 31 27 I Seed — I I wow 0 10th Avenue N nme �e�em� ASCOTT0103.00 Short Elliott Hendrickson Inc. 9/25101 EKE= Level of - a Em r EM 4th Avenue eeeee wow 0 10th Avenue N nme �e�em� ASCOTT0103.00 Short Elliott Hendrickson Inc. 9/25101 a Ah Comparison 1. of 2. Computer Simulation of Traffic Flow K,. Additional is xUpojat\P't \TCOtic°umYPQ p er°° -Id— Page 1 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Reconstruction of River District Sanitary Sewer Along the Minnesota River DATE: October 2, 2001 INTRODUCTION: coNSeAT Attached is Resolution No. 5588, a resolution ordering a feasibility study to be prepared for the reconstruction of the River District sanitary sewer pipe along the Minnesota River for Council consideration. BACKGROUND: This past spring the City of Shakopee experienced a large amount of infiltration/inflow into its sanitary sewer pipe system known as the River District sanitary sewer along the Minnesota River. This particular flooding event along the Minnesota River has occurred every four years for the past eight years and the River District sanitary sewer pipe has experienced infiltration with each flood occurrence. Attached to this memo is a letter on waste water flow from the Metropolitan Council dated June 21, 2001, informing the City of significant inflow /infiltration from the City of Shakopee. The Metropolitan Council is requesting that the City analyze its problems associated with excessive infiltration/inflow and what measures should be done to remove it. The Engineering staff has calculated the amount of inflow into the sewer system and this cost is estimated to be $135,00.00 for year 2001. The new rules from FEMA are such that excessive inflow in major flood events is no longer a reimbursable cost. Staff's recommendation is to prepare a feasibility report to analyze the cost in reconstructing the River District sanitary sewer pipe and its lateral lines connecting to it for the purpose of reducing the infiltration/inflow of this system. Part of this study will also analyze the sizing of this pipe that is currently installed and analyze whether or not the pipe alignment should be relocated, for instance in the Huber Park area on where to relocate the sanitary sewer to avoid conflicts with the redevelopment of Huber Park. Staff has already done a substantial amount of work on the types of pipe systems available in reconstructing the sewer pipe. The realigning of this sewer pipe and sizing of the sewer pipe will be based on meetings with Rahr Malting and Huber Park development as well as other factors. ALTERNATIVES: 1. Move to approve Resolution No. 5588, a resolution ordering the preparation of a feasibility report for the reconstruction of the River District sanitary sewer from Adams Street to L -16. 2. Do not approve Resolution No. 5588. 3. Authorize the appropriate City officials to execute an extension agreement with the City consultant to provide consultant services such as surveying for the preparation of the feasibility report for the reconstruction of the River District from Adams Street to L -16. 4. Table for additional information. 5. Authorize staff to obtain quotes for soil investigations borings. RECOMMENDATION: Staff recommends Alternative No. 1, No. 3 and No. 4, so that a feasibility report can be prepared on the alternatives to reconstruct the River District sanitary sewer in order to reduce the inflow /infiltration of this pipe system. Also with the feasibility report, survey data and soil borings would be useful in providing a more accurate cost estimate for this report. ACTION REQUESTED: 1. Offer Resolution No. 5588, A Resolution Ordering the Preparation of a Report on the Reconstruction of the River District Sanitary Sewer, from Adams Street to L- 16 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with the City consultant in providing consultant services such as surveying for the preparation of this feasibility report. 3. Authorize staff to obtain quotes for soil investigation borings. Bruce Lone Public Works Director Bvpmp MEM5588 Resolution 1 1 1 The Preparation Of A Report On The 1 1 1 1; Of Sanitary River District Sewer, From Adams Street 1 • AS, it is proposed to improve the River District sanitary sewer, from Adams Street to L -16 by reconstruction or rehabilitation and any other appurtenant work. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2001. /: Mayor of the City of Shakopee City Clerk Metr opO u tan c' 1n+Pro�x regional competttacYneu :n a giobai economy Environmental Seruices June 21. 2001 1 D McNeill The flows for your community as measured by the WES for the months of April and INiay of 2001 were substantially higher than normal. Attache r community o� er�he lash four years_ e n ow chart compares the metered monthly flows for y These higher than normal flows are a major concern disposal the l�ryst m to on nue to accept substantial capacity be reserved to the metrop P these wet weather peaks without either backing up home o et by- passing eather flow. Thus, f this peak i t Council did not design the v�S to handle this excess wet weather III cannot be removed from the system at i source serve the o may ectedugrowth wit hin the S to P J CES to make unnecessary expansions to the � S to determine metropolitan area. The viCES is currenlcompleting leas ®� its cequested th e that the City analyze the need for regional system i rienced in your system d�g is ands bs quent plans to the wet weather problems you expe identify the source of the excessive N. The results of y our Y eliminate the peak flows should then be reported to the MCES for input into our master planning efforts. April and pia Flows that were measured during Y will be included in your community's 2001 fourth quarter bill. Because the April & a flows were much higher than normal, the fourth q u e first arter bill will be substantially higher than what was billed �o d flow i du at ®n during three-quarters of 2001. If you have any specific questions ontact either Kyle Colvin at telephone number (651) 602.115 1 this time period to help you myself at (651 602 -1 please 6. Y Enclosure Cc: Phil P iveness, Metropolitan Council District 5 Metro Info tine 602 -1ti88 netrocouncll -OrC ® . TN 229 -3760 �.._, cu�h Street St. Caul. Mtnnesota 55101 • 1626 • (65I1 602-1005 Fzx 602' l 138 CD • e� Y 0 0 WO 3 '` • Y CD CD Q CD CaL ., 3 1 � /. / co C- ° ID- e • � ® Y 6^ ° • ® co _ ♦ • s ♦ • cc ss 4 = 3 � E CO Y 1 s .�► e•� j g i ( � � o : I A y { 9N• i {� • 0 y s a Y CO CO C L i Y r s i Cc 1® E . C— E • e e 0 O • 0 co 0 ♦ o • . ° e • e • • ® ® s �' N W � S s - ® ♦ B //�� 2k ply ♦ 0 jj y ee•, j 2 e m.A • s 0 0 WO 3 '` • ., (A Ai Cl Ud 11 HOSNVW No IAS LD < r Ln z cu co .1w cu 4k ru r If vo cu cu cu z a) C) _OM U 0- z 0 . , m ors 0 < 0 co Z, Fi Cf) ID N N v H wk i ry SVA Q < co Wil / Vo LLJ Oz, V) df m in ' & \� e E. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Accept Resignation of Joel Rutherford and Authorize the Advertisement for Engineering Positions DATE: October 2, 2001 INTRODUCTION: Attached is a letter of resignation from Joel Rutherford, Assistant City Engineer, effective October 4, 2001. Also staff would like to request authorization again to advertise for various Engineering positions, which are currently vacant in the Engineering Department. BACKGROUND: Joel Rutherford has submitted a letter of resignation effective on September 20, 2001, with his last day of employment being October 4, 2001. Mr. Rutherford has been the Assistant City Engineer for the City of Shakopee for five years. With this resignation, there will be three Engineering positions that are vacant in the Engineering Department. Staff is recommending to advertise for all positions that are vacant and bring back recommendations on hiring. Per the budget, there are only three positions vacant at this time. However, staff would recommend to advertise for all positions to determine the best candidates available. As done previously, staff will utilize consultants to supplement the Engineering Department for its department needs as necessary during this hiring period. W _ 1. Move to accept the resignation of Joel Rutherford with regrets. 2. Authorize the advertising for Engineering positions in the Engineering Department. 3. Table action pending further information from staff. 11mgI ►T /�1 DIg117_r Y Staff recommends Alternative No. 1 and No. 2. ACTION REQUESTED: 1. Move to accept the resignation of Joel Rutherford. 2. Authorize the advertising for Engineering positions in the Engineering Department. / C4 - eruceLoney 1 Public Works Director BIJpmp HIRE September 20, 2001 Bruce Loney, P.E. Director of Public Works 129 Holmes Street South Shakopee, Minnesota 55379 RE: Resignation Dear Bruce: As you are aware, I have been offered a position with Hanson Thorp Pellinen Olson, Inc., as an Engineering Project Manager. I have accepted that position and am providing this notice to inform you of my resignation. My last day working for the city will be Thursday, October 4, 2001. Bruce, I want to thank you for all the support and leadership you have provided during the 13 years we have worked together, including the nearly 8 years we worked together in Prior Lake. During my time with Shakopee, I have also been proud of our department, and the successes we have had. I believe the accomplishments and successes are a direct result of your ability to motivate individuals and to always to bring out the best in each of us. You are truly an asset to the City of Shakopee. As discussed with you earlier, I will try to do what I can to make the transition as smooth as possible for you and the department. If there is anything I can do to help, just ask. Again, thanks again for all you have done to make me a better professional, and more importantly, abetter person. Sincerely, F Joel Rutherford, P.E. Assistant City Engineer City of Shakopee Cc: Mark McNeill; City Administrator CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director S JECT: Approval of Job Description for MIS Coordinator; Authorization to Post the Position of MIS Coordinator MEETING DATE: October 4, 2001 Introduction: With the dissolution of the joint powers agreement between the Cities of Shakopee, Savage, and Prior Lake, and the departure of the MIS Coordinator hired under that agreement, the City has been without in -house MIS expertise. Such expertise will continue to be important to the City as it grows, and as it pursues the I -Net. The attached job description is offered for the Council's consideration and approval. Staff has asked for Rod Kelcey's recommendation regarding salary level for the position based on the market, and Council is asked to approve the job description and authorize posting of the position contingent on that recommendation. Alternatives: 1. Approve the MIS Coordinator job description as presented, and authorize the appropriate City officials to post the position at a pay grade to be recommended by the City's consultant. 2. Approve the MIS Coordinator job description with revisions, and authorize the appropriate City officials to post the position at a pay grade to be recommended by the City's consultant or an alternative pay grade. 3. Do not approve the job description, and do not authorize posting the position. 4_ Table the matter for additional information. Staff Recommendation: Staff recommends Alternative No. 1. G:\CC\2001\CclOO2\misjobdesc.doc Action Requested: Offer a motion approving the MIS Coordinator job description as presented, and authorizing the appropriate City officials to post the position at a pay grade to be recommended by the City's consultant. v R. Michael Leek Community Development Director G:\CC\2001\CcIO02\misjobdesc.doc Job Description: Management Information Systems (MIS) Coordinator JOB CODE EXEMPT: Yes SALARY RANGE: DEPARTMENT: Community Development DIVISION: LOCATION: City Hall REPORTS TO: Community Development Director PREPARED BY: R. Michael Leek, Community Development Director DATE: September 27, 2001 APPROVED BY: DATE: lu a _1:T� The MIS Coordinator position is an exempt, confidential position responsible for the development and operation of effective, integrated information systems for the City of Shakopee. This position acts as network manager for the city, and is responsible for ensuring that all elements of the city's computer system(s) operate efficiently to maximize the benefit to the public of these services. Provides appropriate training and /or coordination of training to all users. Determines the need for all outside, professional assistance with MIS functions. Advises on periodic upgrades to computer hardware, software, and networks, and coordinates the implementation of these upgrades. The position performs other MIS functions to ensure effective utilization of automated data processing. ESSENTL&L DUTIES AND RESPONSIBIIdTIES include the following. Other duties may be assigned. Provides computer users and user groups with hardware and software troubleshooting assistance to solve specific data processing needs and problems, and to ensure efficient use of software. • Provides, recommends, and organizes ongoing training to computer users to ensure that the features and functions available within the applications software are being fully and properly utilized. Software applications include DOS, Windows, MS Office, Excel, Power Point, Access, MS Mail & Scheduler, CAD, and ArcView and ArcInfo, etc. G: \CC\2001 \Cc 1002\misj obdesc. do c • Acts as the city's network administrator. Functions include solving network problems as they occur, anticipating possible network problems, keeping accurate and up to date documentation on LANs and WANs, setting up passwords, security, network printers, and providing troubleshooting assistance as needed. • Recommends, purchases, and installs hardware and software as needed, and in accordance with budgetary guidelines. Coordinates with hardware vendors to assure that maintenance activities are promptly performed, and that hardware additions are installed properly. Maintains an inventory of the city's hardware and software. • Establishes back -up procedures for all computer systems. • Coordinates MIS services with external sources as needed and according to budgetary guidelines (e.g. vendors, consultants, government agencies, etc.) • Reviews and recommends MIS policies, procedures, as well as short- and long -range MIS plans for the city. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education: Associate's degree (A.A.) or equivalent from a two -year college or technical school, or two years of related experience and/or training; or an equivalent combination of education and experience. Experience: Three to five years of full -time, permanent experience as an MIS professional in a governmental setting or other'organization having similar MIS needs. Language Skills: Ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively before groups of customers or employees of organization. Mathematical Skills: Ability to calculate figures and amounts such as discounts, interest, commissions, proportions, percentages, area, circumference, and volume. Ability to apply concepts of basic algebra and geometry. G . \Cc1002\misjobdesc. doc Reasoning Ability: Ability to solve practical problems, and deal with a variety of concrete variables in situations where only limited standardization exists. Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form. Certificates, Licenses and Registrations: The applicant must have a valid Minnesota driver's license, or be eligible to obtain one. MSCS certification is desirable. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl; taste or smell. The employee must occasionally lift and /or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. G:\CC\2001\CcIO02\misjobdesc.doc CITY OF SHAKOPEE MEMORANDUM To: From: Date: Subject: Mayor and City Council Mark McNeill, City Administrator Mark Themig, Facilities and Recreation Director 26 September, 2001 Authorize Advertising for Recreation Supervisor Position C G N S. EE NN T City Council is asked to authorize advertising for the Recreation Supervisor position, which is responsible for coordinating the Aquatic program. BACKGROUND At your September 4 th City Council meeting, you authorized the termination of John Lehner as Recreation Supervisor, effective October 23, 2001. At this time, we are seeking authorization to advertise for this position. Although Mr. Lehner's termination won't be official until October 23r the advertising and recruitment process will take several weeks, and will not conclude until early November. By advertising now, we can begin the hiring process and hopefully have someone on staff yet this fall so they can familiarize themselves with the current program. In the interim, we will be covering the responsibilities with assistance from part-time and full -time staff. If Mr. Lehner appeals his termination, resulting in a delay in the official termination date (which he has the opportunity under the Veteran's Preference Law), we would not proceed with screening and interviews until such time as it is appropriate to do so. REQUESTED ACTION If the Council concurs, it should, by motion, authorize advertising for the Recreation Supervisor position. Mark Themig Facilities and Recreation Director r� CITY OF SHAKOPEE lUPmnrandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Personnel Handbook Changes DATE: September 28, 2001 The attached memorandum from the Payroll Benefit Coordinator asks that some changes be made in the personnel handbook. As shown, some of the changes are housekeeping. However, there are also proposed additions to the benefits package for non - contract personnel: %2 Christmas Eve Day — The non - contract employees currently have 11 days of holiday. The Public Works bargaining unit negotiated this additional %2 day into their current contract (total 11.5 holidays), and this Christmas will be the first time that the %2 day is observed for them. The Police Sergeants also have this 11.5 holidays; however, the current Police Officers contract which expires at the end of this year still has 11 holidays. For your information, the according to Labor Relations, Inc., the largest numbers of Group 5 cities (between 10,000 and 25,000 population) have either 11 or 12 annual holidays for non - police and non - public works personnel. Separation Pay — The current contract with all three bargaining units have a buy back of 45% of unused sick leave, assuming the employee leaves in good standing, and has been working at least 5 years as the severance pay. The non - contract employees have a 33% buy back. I recommend changing the non - contract bury back to 45 %. In order to equalize this benefit, the 45% rate of separation pay should be for employees who have worked here five years or more (the union contracts now have this). According to the current personnel manual, there is no minim amount of time for a non - contract employee to receive this separation pay —a minim of 5 years should be set. In fairness to existing employees who have not been here for five years, I recommend keeping the separation pay at 33 %, until such time as they have worked for five years; at that time, they would also be eligible for the 45% rate. All new employees hired after the adoption of this policy by Council would have to wait five years. Regarding budget impact, it will increase the payout by the City to an eligible employee. For an employee making $40,000 per year, the added payout for an employee who has "maxed -out" at 960 hours would be entitled to an additional $2,215 (not including any tax impact). Note that under the current policy, an employee would need to work for 10 years, and use no sick leave at all during that time, in order to accumulate 960 hours. I concur with the recommendations contained in the attached memo. Mark McNeill City Administrator MM:th Memorandum TO: Mark McNeill, City Administrator Mayor & Council Members FROM: Marilyn Remer, Payroll/Benefits Coordinator SUBJECT: Personnel Handbook Revisions DATE: September 21, 2001 19 N I ROYDIX41 [II►Q The Council is asked to consider several revisions to the City's Personnel Handbook. Background: Several revisions are necessary to reflect actual practices and are routinely "housekeeping" in nature. Specifically, 1.) Mandatory participation in the City's deferred compensation program is no longer required for temporary pool employees and seasonal public works employees; 2.) the city's contribution for single health insurance reimbursement has been phased out effective October 1, 2001. Employees who have other health insurance coverage are allowed to waive participation in the City's plans, subject to the completion of the Group Waiver of Coverage Form; and 3.) The city provides dental insurance coverage for eligible employees. In addition, to maintain equitable and non - discriminatory benefits; the following changes are recommended 1.) one -half day (four hours) holiday leave for Christmas Eve day is added to the Holiday Celebrated schedule; and 2.) unused sick leave shall be compensated at forty -five (45) percent upon employee termination in good standing, for current employees, requiring employees hired after January 1, 2002 to complete five full years of employment to be eligible for severance, consistent with contract employees. This replaces thirty -three (33) percent with no minim employment requirement. Action Requested: If council concurs, it should, by motion, approve the following resolution: RESOLUTION NO. 5583 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING RESOLUTION NO. 4213, ADOPTING A PERSONNEL HANDBOOK RESOLUTION NO. 5583 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4213, ADOPTING A PERSONNEL HANDBOOK WHEREAS, on May 2, 1995, the City Council adopted Resolution No. 4213, adopting a new Personnel Handbook for the Employees of the City; and WHEREAS, it is the City's goal to provide fair and equitable policies to all employees; and WHEREAS, as trends and benefits continually change, it is necessary to update and modify policies in accordance with current procedures; and WHEREAS, the Personnel Handbook is the official system documenting policies and procedures, it is therefore necessary to amend the Personnel Handbook. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Resolution No. 4213, Adopting a Personnel Handbook, is hereby amended as follows: Section III Compensation, 6. Compensatory Time and Overtime 1. Non - Exempt Employees. Non - exempt employees shall be compensated for work their supervisor requires them to undertake in excess of 40 hours per week. Hours taken as sick leave, vacation leave, or holiday are considered hours worked. The compensation shall be in cash or compensatory time at one and one -half times their regular rate of pay. Although the employee generally may choose whether to receive the cash or compensatory time, the City Administrator may override the employee's choice. An employee's department head may require the employee to take compensatory time off within a specified time frame. A maximum of 40 hours of compensatory time off may be accumulated, and any additional overtime shall be paid in cash. The City Administrator may authorize accumulating compensatory time beyond the 40 -hour maximum, but may require that the employee take time off within a limited time period to reduce the balance of compensatory time off to the 40 -hour maximum. An employee who is separated for any reason shall be paid for any accumulated compensatory time provided however, that should an =lovee resign without giving two (2) weeks' written notice and except for reasons of ill health, he /she shall forfeit his/her right to all accumulated compensatory time. H. Deferred Compensation. Under the City's deferred compensation plan, a certain dollar amount can be withheld from any employee's paycheck and invested for payment at a later date., usually at retirement. Solely the employee, through payroll deduction, finances contributions to the program. Participation in the deferred compensation plan is mandatory for part -time firefighter perms peel —enemy tempo-rar-y Publie Werks employees, as required by Omnibus Budget Reconciliation Act (OBRA) ; and Section IV Benefits B. Insurance. Long -term disability insurance i r,-, N4dea to a1 employees and life insurance is provided to all eligible employees after thirty (30) days of continuous service. Major- medioal and hespitalizatio Health care medical insurance are is provided to all qualified regular employees after thirty (30) days of continuous service. AR emp oa to earFy „a • ,a a e ho .. eve An employee may ' vzuuu.i vv'r ."...5e, select individual, two -party, or family coverage. Employees who are covered under a spouse's rg�oup plan or have coverage with another carrier may waive coverage subject to completion of the City's Group Waiver of Coverage Form. The City shall make a specified contribution per month toward the cost of the City's medical plan and this contribution may differ depending on the type of coverage selected. The difference between the actual cost of the selected coverage and the City's contribution shall be deducted from the employee's paycheck. F'Of eempensatien s *e to a mx set b y the o m > > l eyef . ally The City may choose to segregate retired employees from other employees for pooling purposes in dete the premium for insurance as allowed by state law. Dental insurance is provided to eligible employees. The City's contribution towards dental insurance shall be the cost of single coverage. Employees selecting two-party or family dental coverage shall have the additional cost deducted from their paycheck. Part-time employees who regularly work 30 hours or more per week shall receive pro rata insurance benefits. Suspended employees and employees on a short leave of absence without pay shall receive insurance benefits as if they were not suspended or on leave. Employees on a regular unpaid leave of absence shall receive insurance benefits in accordance with the insurance policy only if the employee pays the full cost of the insurance. Employees or dependents may elect to continue life, hospital or medical insurance coverage beyond the date that it would otherwise terminate as provided by federal or state law; and Section V Holidays and Leaves. B. Holidays New Year's Day Martin Luther King's Birthday Washington's and Lincoln's Birthday Memorial Day UAW January 1 Third Monday in January Third Monday in Feb. Last Monday in May Independence Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Christmas Day Floating Holiday C. Vacation Leave July 4 First Monday in Sept. November 11th Fourth Thursday in Nov. that Friday '/2 day (4 hours) December 24th December 25th date selected by each employee; and 6. Separation An employee who is separated for any reason shall be paid for any accumulated vacation leave provided however, that should an employee resign without giving two (2) weeks' written notice and except for reasons of ill health he /she shall forfeit his/her right to all accumulated vacation leave. Section IX Separation D. Severance Pay. b the ffmnieipal s — stan a' a p r-e p er- .. a t;. o f " e to,- a in t' xa v l � uuv 1 v j ,it x1,L :h r � .. AM regular employee who was hired by the city prior to October 2, 1996 or who has completed five (5) full years of employment with the City of Shakopee and who is separated from his/her position by retirement or resignation shall receive a lump sum payment plus a} mot eqal to one of forty -five percent (45 %) of a maximum of nine hundred sixty (960) hours of accumulated sick leave calculated on the basis on his/her current wage scale. Any regular employee hired after October 2 1996 but prior to October 2, 2001, shall receive a lump sum payment equal to one -third of the value of accrued and unused sick leave. Employees hired after October 2 2001 will be entitled to severance pay after five (5) years of service with the City of Shakopee. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health that employee shall forfeit his/her right to all accumulated sick leave. the ' of aeem and unused siek lewve up to " meadmum of-968 Note: The stf"e language is deleted; the underlined language is inserted. Passed in Minnesota, held this day of session of the City Council of the City of Shakopee, .2001. Mayor of the City of Shakopee Attest: _ City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director CONSENT SUBJECT: Approve Status Change for Receptionist DATE: October 2, 2001 INTRODUCTION: The City Council is being asked to approve the job status of Lori Hensen to assist the Public Works Department. BACKGROUND: Ms. Hensen currently works for the City of Shakopee on a part-time basis for six hours a day for the City Clerk. Four hours a day is utilized as a receptionist, two hours a day is utilized for City Clerk or other clerical duties and her job is classified as part-time with pro -rated benefits. Ms. Hensen had recently worked two hours a day for the Community Center in the early morning hours prior to coming to work for the City Clerk. She has decided not to open the Community Center building in the morning anymore and thus does have two hours available a day to work in the Public Works Department. Staff had included a clerical position in the 2002 Budget for 20 hours a week. In this situation it is proposed to add Ms. Hensen to the Public Works Department for two hours a day and move her from a part -time status to a full -time position. Currently Ms. Hensen does receive benefits for her position on a pro -rated basis. Staff is proposing to change her status from part-time prorated benefits to a full time position, with eligibility for full time benefits by assisting the Public Works Department with ten hours per week. Staff believes this is a good opportunity for the Public Works Department to meet the needs for clerical assistance for that department. Staff estimates that the addition of this position will be $1,600.00 for 2001. Ample funds exist in the Public Work's budget to accommodate this addition. ALTERNATIVES: 1. Authorize Lori Hensen to work for the Public Works Department for ten hours a week and to change her status from part-time receptionist position to a full -time receptionist effective October 8, 2001. 2. Do not authorize the hiring of Lori Hensen for the Public Works Department. 3. Table for additional information. Authorize Lori Hensen to work for the Public Works Department at ten hours per week and to change her job status from part-time to full -time. Ms. Hensen can assist the Public Works Department in record keeping, answering the phone, data entry and other office tasks. ACTION REQUESTED: Approve a motion authorizing Lori Hensen to work for the Public Works Department for ten hours a week and change her job status from part-time with pro -rated benefits to full - time with full -time benefits. Bruce Loney Public Works Department BL /pmp HENSEN / S - . E L - CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: September 28, 2001 Subject: Authorization to Hire Police Officers CONSENT The Police Department is requesting Council approval to fill two vacant police officer positions. � The Police Department currently has several vacant police officer positions. The Police Civil Service Commission conducted the necessary tests that created a new eligible register. The following names are currently listed in alphabetical order on the eligible register (see attachment): Brad Bisek Luis Diaz -Calle Jennifer Hauer Chad Turner Minnesota State Statute Chapter 419 requires the Police Civil Service Commission to submit the top three names listed on the eligible register to the Appointing Authority (City Council) to fill any vacancy. In order for the Council and the Commission to meet the statutory requirements of Chapter 419 a series of motions will be required to hire two officers because the top three names will change after each motion is passed. 1 9 ► I' 7��11 W The two vacant positions were budgeted for in 2001. The current labor agreement establishes $3,135.33 per month as Tier 2, Step 1 wage for the position of police officer. If Council concurs, they should, by the following motions authorize the hiring of named individuals to fill existing police officer vacancies in the Police Department. The Chief of Police is recommending the candidates authorized to be hired by the following motions. Motion 1 Authorize hiring Brad Bisek as a probationary police officer with the Shakopee Police Department at a monthly rate of $3,135.53 subject to the satisfactory completion of a pre- employment medical and psychological examination from the eligible candidates listed below. Brad Bisek Luis Diaz -Calle Jennifer Hauer Motion 2 Authorize hiring Luis Diaz -Calle as a probationary police officer with the Shakopee Police Department at a monthly rate of $3,135.53 effective October 8, 2001. A pre- employment medical and psychological examination is not required for this candidate. He successfully completed both for his appointment to the position of Community Service Officer for the Department on June 19, 2000. Luis Diaz -Calle Jennifer Hauer Chad Turner CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Shakopee Police Civil Service Commission Date: September 27, 2001 Subject: Eligible Register The Shakopee Police Civil Service Commission conducted the appropriate testing and established the following eligible register for the position of police officer in accordance with the provisions of M.S.A. 419. 1. Brad Bisek 2. Luis Diaz -Calle 3. Jennifer Hauer t 4. Chad Turner Respectfully submitted, L Iii , I' Kid Weckman, Chair Shakopee Police Civil Service Commission 1 5� t=. 1 CITY OF SHAKOPEE AAomnrfyndi,m TO: Mayor and City Council FROM: Economic Development Authority Economic Development Advisory Committee Paul Snook, Economic Development Coordinator SUBJECT: Resolution No. 5590, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan MEETING DATE: October 2, 2001 Introduction & Background Per recommendation by the Economic Development Authority and the Economic Development Advisory Committee, the City Council is asked to adopt Resolution No. 5590, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan. For your reference, background information is enclosed in the EDA packet, including a memo to the EDA, strategic planning conference report, and 2001 / 2002 Economic Development Strategic Plan. Options: 1. Per recommendation by the EDA and Economic Development Advisory Committee, adopt Resolution No. 5590, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan. 2. Table and request additional information from staff. EDA and EDAC Recommendation: Option 1. Action Requested: Offer and pass a motion to accept the ERA's and Economic Development Advisory Committee's recommendation to Adopt Resolution No. 5590, A Resolution Adopting the 2001 / 2002 Economic Development Strategic Plan. RESOLUTION NO. 5590 RESOLUTION ADOPTING I 11 1 / 2002 ECONOMIC • 1 STRATEGIC PLAN WHEREAS, the Economic Development Authority created the Economic Development Advisory Committee to advise the Economic Development Authority and City Council on economic development matters, including issue identification, strategy development, and recommend actions to the Economic Development Authority and City Council for implementation; and WHEREAS, the Economic Development Authority and City Council desire to create and adopt an economic development strategic plan that identifies and prioritizes economic development issues and goals, and guides implementation of strategic actions; and WHEREAS, the Economic Development Advisory Committee and staff have created the 2001 / 2002 Economic Development Strategic Plan; and WHEREAS, the Economic Development Advisory Committee has recommended that the Economic Development Authority and City Council adopt the 2001 / 2002 Economic Development Strategic Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA, that the attached 2001 / 2002 Economic Development Strategic Plan is hereby adopted. Adopted in — Minnesota, this day of Session by the City Council of the City of Shakopee, -2001. Mayor Attest: City Clerk Res5590.doc /02u . CM OF SHAKOPEE Memorandum MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: September 28, 2001 CONSENT Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 6, 2001 City Election and Special Election. 1 1; Offer Resolution No. 5584, A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. JSCJS [i. \clerk \j eanetle\election\resaMointjudge] = I , 11 ��4 010 _M M 61 61 FAI BE IT RESOLVED BY THE CITY COUNCIL OF TBE CITY OF SHAKOPEE-. N1INNESOTA, THAT: 1. The following persons are hereby appointed Judges of Election for the November 6, 200 City Election and Special Election for the eight polling precincts within the City of Shakopee designated in Resolution No. 5188, adopted July 6, 1999. FIRST PRECINCT: Dawn McQuillan (Chair) Claude Kolb Regular Judges Dorothy Breimhorst Irene BuM Dell Reed Geraldine Heiland Wally Bastian - Betty Christensen SECOND PRECINCT: Bob Meters _Marcy Schmidt (Chajir Regular Judges M�ajl Lang TH[RD PRECINCT: Maetta, Jurewicz (Chair) Darlene Schesso Regular Judges Annabelle Goehring Barb Zupan Ann Eva Kubes FOURTH PRECINCT: Edna Wangerin (Chair) Joan Schultz Regular Judges Pat Clemens Muriel Koskovich Betty Menden Don Zupan Nonna, Knutson Bernard Goebring Colleen Dressen FTTHPRECINCT: Vrrgilla Geske(CM6 Carol Pumper Regular Judges Joan Hart Betty Dols Louise Vyskocil Helen Link Tony Dressen John Collins SEVENTH PRECINCT: Carole Hedlund(ChairZ Betty Engel Regular Judges Jerry Klein Alice Hart - Don McNeil Dolores Griffith EIG PRECINCT: Claudia Meyer (Chairj Marvin Hertaus Regular Judges Nancy Vaughan Lenore Johnson Patty Trutnau 2. The Election Judges shall be compensated for their work at the rate of $6.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $7.50 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of the Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of October, 2001. Mayor of the City of Shakopee FEW City Clerk IS - . 0 CITY OF SHAKOPEE Memorandum o A ' s TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnbroker License — PAWNXCHANGE, LLC DATE: September 27, 2001 INTRODUCTION & BACKGROUND On April 19, 1994, the City Council adopted an ordinance requiring the licensing of pawnbrokers, precious metal dealers, secondhand dealers, pawnshops, and their employees. The City has received an application from PAWNXCHANGE, LLC for a license. PAWNXCHANGE, LLC is a new corporation consisting of Mark Smith and Sherri Marzario. PAWNXCHANGE, LLC desires to purchase Frank's Pawn, Inc. at 1147 Canterbury Road. They have completed the application for a license and the customary background investigation is in process. The Assistant Chief of Police has advised that the investigation thus far has disclosed nothing to preclude issuing the license. It is anticipated that the investigation will be completed by the October 2, 2001 City Council meeting. An update will be provided at that time. ALTERNATIVES: 1. Approve license 2. Deny license 3. Table application for additional information RECOMMENDATION: Staff recommends Alternative #1, assuming that the completed investigation is favorable. RECOMMENDED ACTION: 1. Approve the application and grant a Pawnshop License to PAWNXCHANGE, LLC, 1147 Canterbury Road. 2. Approve the application and grant a Pawn Broker, Precious Metal Dealer and Secondhand Dealer's License to Mark Smith and Sherri Marzario, PAWNXCHANGE, LLC, 1147 Canterbury Road. 3. Approve the employee licenses for the following employees of PAWNXCHANGE, LLC: Troy Krahl and Andres Sauceda. I: Licenses/Pawnxchange CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnbroker License — PAWNXCHANGE, LLC DATE: October 2, 2001 Please delete agenda item #15.F.3. from the October 2, 2001 agenda. The background investigation is not complete. 13 - . r- • Y. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJECT: 2001 Budget Amendment Resolution No. 5587 DATE: September 26, 2001 Introduction and Background: Several things have occurred that warrant Council consideration for a change in the 2001 budget. The changes are: 1. Rahr tax appeal costs for consultants (City share). 2. Additional engineering consulting due to lack of staff. (Previous memo from Engineering). 3. Additional funding for police snowmobile previously authorized. 4. Increase Legal Dept. budget for BIA issue and prosecutions. 5. Increase Police for half time clerical (2001 budget discussions). 6. Increase Police for adding 2 new officers (2001 budget discussions). 7. Compensation study cost over budgeted item. 8. Tree inventory ordered by Council 12/19/00 9. Natural Resources resource inventory (50% grant). 10. Recreation ice rent over estimated - increase General Fund transfer or reduce Recreation budget (equipment $50,000). Item Division Account # Amount 1. Rahr tax appeal Finance 0151 -6327 $ 30,000 2. Consulting services Engineering 0427 -6312 100,000 3. Snowmobile Police 0312 -6202 10,000 3. Snowmobile Police 0312 -6005 5,000 4. BIA case Legal 0161 -6310 35,000 5. Police clerical Police 0311 -6002 10,000 6. Two new officers Police 0311 -6002 20,000 7. Compensation Study Admin 0123 -6327 12,000 8. Tree inventory Administration 0128 -6327 6,000 9. Natural resource inv. Administration 0128 -6327 39,000 10. Transfer to Rec. Fund Unallocated 0911 -8058 63,000 330,000 Funding Source 1. Contingency Unallocated 0911 -6681 30,000 2. Contingency Unallocated 0911 -6681 8,600 2. Contingency - Design. Unallocated 0911 -6685 91,400 3. Contingency Unallocated 0911 -6681 15,000 4. Benefits Unallocated 0911 -6135 35,000 5. Fund Balance (budget deficit) 6,400 5. Contingency- Design. Unallocated 0911 -6685 3,600 6. Contingency- Design. Unallocated 0911 -6685 20,000 7. Benefits Unallocated 0911 -6135 10,000 7. Contingency- Design. Unallocated 0911 -6685 2,000 8. Fund balance (budget deficit) 6,000 9. Existing budget Planning 0171 -6327 14,000 9. Grant Revenue 1000 -4450 25,000 10. Contingency- Design. Unallocated 0911 -6685 63,000 330,000 The increase in the General Fund - fund balance from 2000, after the transfer to the Building Fund of $1,600,000, was $377,000. This is sufficient to cover the above items (draw down of fund balance) in the amount of $12,400. There was $25,000 in the 2000 budget for the Park Reserve Fund that was to be used for O'Dowd Lake Park. Only about $7,000 was used. It is requested that the remainder be reallocated to the project in the 2001 budget. A resolution is not needed to amend this budget. In the budget process, an item was moved from the General Fund budget request to the Equipment Fund request. The first part was done but the second part "fell through the crack" and was not included in the Equipment Fund budget. The Fire Department had requested funds to purchase a six -wheel ATV and the purchase has been authorized and completed. A resolution is not needed to amend this budget. Alternatives: 1. Status Quo. 2. Amend budget as per above numbers 1 through 9. 3. Amend budget to include number 10 above (additional General Fund support for the Recreation Fund over the budgeted amount of $475,040). 4. Amend the Park Reserve budget for the O'Dowd Lake project. 5. Amend Equipment Budget for Fire Dept. six wheel ATV. Reconanendati.on: Alternatives 2, 3, 4, S. Action Requested: Move to offer Resolution No. 5587 a resolution amending Resolution No. 5458 adopting the 2001 Budget and move its adoption. Move to allocate $18,000 in the Park Reserve Fund for O'Dowd Lake Park in 2001. Move to allocate $12,500 in the Equipment Fund for a Fire Department ATV. Move to amend the Recreation Fund budget by increasing transfers in and reducing revenues by $63,000 and to increase expenditures by $19,000. Greg xland f Finance Director g. \budget01 \01 bud2 RESOLUTION No. 5587 A RESOLUTION AMENDING RESOLUTION No. 5458 ADOPTING THE 2001 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the 2001 General Fund budget is amended and increased or decreased as follows: Expenditure Division Amount Finance $ 30,000 Police 45,000 Engineering 100,000 Planning - 14,000 Legal 35,000 Administration 57,000 Unallocated - 278,600 Unallocated — Transfers out 63,000 State Grant Revenue 25,000 Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk CrrY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Premises Permit Renewal - Eagles Aerie 4120 DATE: September 28, 2001 )s. F S CONSENT Eagles Aerie 4120 is making application to renew their premises permit for their gambling activities at 220 West 2nd Avenue. The permit will ultimately be issued by the State Gambling Control Board. When application is made, the Board requires that the local unit of government pass a resolution specifically approving or denying the application. The Eagles Aerie 4120 is in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 5589, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for Eagles Aerie 4120, and move its adoption. JSC /js Mayor of the City of Shakopee City Clerk )5. P. . City of Shakopee Memorandum TO: FROM: SUBJECT: MEETING DATE Mayor and City Council Mark McNeill, City Administrator Tracy Coenen, Management Assistant Termination of Masterpiece Commercial Cleaning Service October 2, 2001 Introduction City Council is asked to affirm the termination of Masterpiece Commercial Cleaning Service on September 30, 2001. Background Acting City Administrator Gregg Voxland notified Masterpiece Cleaners on September 25 that the City would be terminating the cleaning contract with the city as of September 30, due to lack of performance. Due to the language in the cleaning contract, the City would need to continue paying Masterpiece Commercial Cleaning Service; even though, most services were not being provided. City staff will be able to cover the general cleaning duties until a new contractor is hired in October. City staff has met with prospective cleaning companies and will be receiving RFPs by October 11 and presenting a recommendation on October 16 to City Council. Action Required City Council is asked to affirm the termination of Masterpiece Commercial Cleaning Service. Tr Coenen Management Assistant A a16 1 September 25, 2001 Masterpiece Commercial Cleaning Service Attn: George M. Ficzeri 11342 Deer Ridge Lane Minnetonka, MN 55343 Dear Mr. Ficzeri: As of Sunday September 30, 2001, the City of Shakopee is terminating the cleaning contract with Masterpiece Commercial Cleaning Service pursuant to section seven (7) of the City's cleaning contract. This is due to the failure to fulfill numerous obligations of the cleaning contract in a timely and proper manner. Masterpiece Cleaning Service has been notified in writing, verbally and over the phone on several different occasions over the past six (6) months by city administration staff of such deficiencies in the cleaning service and breach of contract issues. It has become apparent that no cleaning services have been rendered for City Hall, Police Department, Public Works and possibly other city facilities since Thursday September 20, 2001. As a result of this termination, Masterpiece Commercial Cleaning Service must 1) Return all City equipment and supplies to each city facility no later than Sunday September 30, 2001. 2) Return ALL city facility keys and access codes to the City Administrator no later than Sunday September 30, 2001. 3) Remove all cleaning supplies and equipment or other items owned by Masterpiece Commercial Cleaning Service no later than Sunday September 30, 2001. 4) No employee of Masterpiece Commercial Cleaning Service is allowed on any city owned property, except during normal business hours if conducting city business, as of Sunday September 30, 2001. Please feel free to call if you have any further questions or comments. Sincerely, Gregand . Acting ity Administrator COMMUNITY PME SINCE 1857 129 Holmes Street South - Shakopee, Minnesota • 55379 -1351 •952- 233 -3800 ^ FAX 952 -233 -3801 • www.ci.shakopee.mn.us GeorgeFiczeri Terrmnation 9- 25 -01 /OU I5T '7 City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License for Alla Korol DATE: October 1, 2001 City Council is asked to consider the application of Alla Korol for a Tattoo License. .. � 1' Ms. Korol has applied for a Tattoo License to work for Linda Malone at her business known as Body Art located at 205 South Lewis Street. Since her initial Tattoo License was issued in 1994, Ms. Malone has hired additional employees to also practice tattooing at her establishment. A background investigation was conducted by the Police Department. Nothing in the applicant's background was found to preclude her from being licensed. The certificate of insurance does cover Ms. Korol. 1. Approve the application for a tattoo license for Alla Korol. 2. Deny the application for a tattoo license for Alla Korol. 3. Table the application for additional information. RECOMMENDED ACTION: Approve the application and grant a Tattoo License to Alla Korol, Body Art, 205 South Lewis Street. JSC /j s [i: \license \tattoo.memj v CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Street Closure — Dakota Street North of First Avenue DATE: October 2, 2001 The Council is asked to authorize the closing of Dakota Street north of First Avenue on Saturday, October 6 beginning mid - afternoon. In addition, a request is also made to mount temporary banner signs in the right of way. On Monday, October 1 I received a call from John Welker. Mr. Welker is the organizer of what is being called the "Poker Run for Fun", which will be held this Saturday, October 6 It is a motorcycle fundraiser for the Lupus Foundation. Lupus is a disease of the skin. A motorcycle route will start at the Saba's (911 East First Avenue), with registration beginning at 1:00 PM. Following a 120 -mile ride, participants will return to Saba's. There will be live entertainment at Saba's later that evening, along with fund raising auctions and other activities. Mr. Welker indicates that there is growing interest in this fundraiser. He has received permission from Dave Yarusso to utilize the former Red Owl parking lot across First Avenue for parking. In addition, he requests permission to utilize Dakota Street north of First Avenue for additional motorcycle parking if needed. Barricades would be dropped off, and the organizer would need to determine if the actual closure was needed (some of the turnout will be dependent upon weather that day). The City Council needs to authorize this street closure. I did contact the owner of the KFC restaurant to the west of Saba's, whose second access into the KFC parking lot access is Dakota Avenue. The owner indicates that he is okay with the plan to close Dakota Street, as long as the organizers provide supervision so that the parking of motorcycles does not overflow into the KFC lot, and that the majority of activities take place after 8:00 PM. Mr. Welker indicates that he will have four security people to assist in keeping order with the parking lot; the entertainment will not begin until after 8:00 PM. In addition to the parking issue, Mr. Welker has requested that the Council approve temporary banner signs that would be tied between the Saba's pedestal sign and the street light pole. This would cause it to be in the public right of way. Staff indicated to Mr. Welker right of way signs have not been approved in the past; however, he is concerned that westbound motorcycles will not be able to see the Saba's identification sign (due to foliage) until it maybe too late to stop safely. Therefore, signage into the right of way is necessary for safety reasons, he indicates. Normally, any temporary banner signs should have a variance from the sign ordinance processed. However, due to time constraints, that is not possible. While staff does not generally have a problem with the banner signs, it is concerned about the precedent being set for approving signs in the public right of way. There are many other worthwhile projects that have been denied in the past, and authorizing this would set a precedent. We recommend against that. I recommend the Council authorize closure of Dakota Street (if necessary) from First Avenue north for parking purposes beginning mid - afternoon, October 6 until 1:00 AM Sunday, October 7 with the condition that sufficient supervision is provided to keep parking limited to on- street, and authorized parking lots. In addition, I recommend that the temporary banner signs be approved, but that the placement is limited to private property (behind the sidewalk). If the Council approve the signage, the applicant should also be required to complete a sign permit application, and pay the $25 fee. 1 If the Council concurs, it should, by motion, authorize the closing of Dakota Street north of First Avenue beginning mid - afternoon Saturday, October 6 th until 1 AM the following day, with the condition that sufficient supervision is provided to keep parking limited to on street, and authorized parking lots. In addition, the Council should also, by motion, authorize temporary banner signs to be placed on private property, after the receipt of proper sign application is received. f&, Mark McNeill City Administrator CC: Michael Leek Cy Y Il•ZI . • . � ' TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Resolution Designating Public Power Week DATE: October 2, 2001 NO M13 The Council is asked to adopt a resolution designating October 7 —13 as "Public Power Week" in Shakopee. L.• 1 1 On Monday, October 1 I was made aware of the action taken by the SPUC Board of Commissioners on September 17 in which they designated October 7 — 13 as Public Power Week. They ask that the City Council take the same action. If the Council concurs with the request, it should, by motion, adopt the following resolution: RESOLUTION NO. 5592 A RESOLUTION DESIGNATING PUBLIC POWER WEEK Mark McNeill City Administrator MM:th RESOLUTION NO. 5592 A RESOLUTION DESIGNATING PUBLIC POWER WEEK WHEREAS, Shakopee controls and owns its electric utility; and WHEREAS, this publicly -owned utility provides Shakopee residents with efficient, reliable, and cost - effective service; and WHEREAS, public power systems like that of Shakopee's operate to allow all benefits to flow entirely to its local consumers, and to the community of Shakopee; and WHEREAS, community -owned public power systems ensure competition and therefore lower rates throughout the entire electric utility industry nationwide; and WHEREAS, more than 2,000Xublic power systems across the nation will join together the week of October 7 th —13 to celebrate the contributions of community- owned public power. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that the week of October 7 th —13 2001 be designated as Public Power Week in Shakopee, and that this community join with others served by locally - owned electric systems in a celebration of public power. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk • 5 • - - ■ • ` ■ PURPOSE FOR THE STUDIES: Scott County has begun two corridor studies to develop a preliminary design for CSAH 16 from CSAH 83 to TH 13. The two studies will be conducted concurrently: CSAH 16 from CSAH 83 to CSAH 18, and CSAH 16 from CSAH 18 to TH 13. The studies will ultimately identify the future design of CSAH 16, and the future right -of -way needs for the roadway. Scott County is seeking the public's input in identifying issues along this segment of CSAH 16. All interested parties will have the opportunity to ask questions, express concerns, and raise issues along the study segments. Information regarding the existing corridor will be available for viewing. It is anticipated that a subsequent open house will be held in December to receive the public's input on the draft recommendations of the study. WHAT: CSAH 16 (FROM CSAH 83 TO CSAH 18) CORRIDOR STUDY OPEN HOUSE DATE: TUESDAY, OCTOBER 9 TIME: 4:00 - 7:00 PM PLACE: PARK INN & SUITES 1244 Canterbury Road, Shakopee (Arizonas Restaurant and Lounge Entrance) WHAT: CSAH 16 (FROM CSAH 18 TO TH 13) CORRIDOR STUDY OPEN HOUSE DATE: THURSDAY, OCTOBER 11 TIME: 4:00 - 7:00 PM PLACE: SAVAGE CITY HALL 6000 McColl Drive, Savage Please contact Brian Sorenson at (952) 496 -8060 with your comments or questions.